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Florida Probate Questions & Answers
1 Answer | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Florida on
Q: My sister died a few weeks ago and she was buying some property and I was living with her helping her pay the payments

She told everyone before she died that it was going to be left to me but the property is in her name how do I go about switching it in my name and make the payments where she left off and how would I go about getting power of attorney to handle her legal paperwork?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 18, 2019

Very sorry for your loss and the passing of your sister, please accept my condolences. You will need to contact a Florida Probate Attorney. There is no power of attorney after death as any power of attorney ends at death. If there is no Will, then the Florida Intestate Statutes (without a will)... Read more »

2 Answers | Asked in Probate for Florida on
Q: When probating an estate I Florida , can property owned Out of state be included ?

The property in question is in

The US Virgin Islands.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 8, 2019

It is listed in the probate papers in the filing, but the property has to be probated in the state/country/territory of location through an ancillary probate or a probate in that country. They usually want to see the probate paperwork from the state/country/territory where the primary probate took... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Can a probate judge go against a legal will and disburse money as she sees fit to do?

My husband had a legal will drawn up by a reputable attorney here locally. He retired before my husband passed but his Paralegal went to the courthouse and swore out that the will was legal. Everything was to go to me , his wife. He had a lawsuit that settled after his death. He had been in a... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Sep 6, 2019

Assuming that the will did say what you indicated, the Judge would have NO authority to change the dictates of the will. I am assuming you had an attorney represent you in the probate. Another factor is whether or not the settlement proceeds provided any funds specifically to your grand daughter... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Florida on
Q: My father recently sold a home with the promise to split the money among siblings. One of the siblings passed before the

Money was disturbed.the money was split equally among the surving siblings. Does the daughter of the deceased have any right to the cash her father that passed away was getting.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 3, 2019

If the father decided to split the money equally between his surviving children that was his decision to make. And sine the money given to his children was a gift, there is nothing anyone can do about it. However, just in case the father made a mistake I would advise the children of the sibling who... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My husband died before probate completed on his mother's estate. She died Mar '18, he just passed 8/23/19.

He & aunt beneficiaries. No named alternates. Opened estate for my husband but now being told by probate attorney (in MD) that it's in question as to whether his share will go to his estate. Attorney said she'd never seen a will written w/o alternates (really?) so she turned over to another... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 3, 2019

The fact that you mother in law’s estate hadn’t closed by the time your husband died has no bearing. The real question is whether your husband outlived whatever survivorship period applies either by law or in your mother in law’s will. March to August is five months which is far longer than... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Hi, I question regarding homestead life estate for Fl. Does her condo have to go through my dad's probate? Thanks!!

My mom passed 2 years ago intestate,my dad was named personal representative but passed before probate was complete. My sister coerced (possible elder abuse) my father to sign a will while he was in ICU under the influence of morphine and other meds leaving everything to her. There are 5 siblings.... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Aug 30, 2019

Homestead issues are very complicated. Theoretically the homestead does not go into the estate it descends per the statute you indicated, however a court order is necessary to apply this statute, it is not automatic. There would need to be a petition to determine homestead in your mother's estate... Read more »

2 Answers | Asked in Probate for Florida on
Q: I was living with mom to take care of her around the clock for 3 years before she passed away in July.

My dad died in 2003. I am the only biological child from the marriage. My dad had 2 grown daughters when he married my mom. He made one of my step sisters executive of estate when I was young. Now she wants to kick me out of the house so she can sell it to get more money in the inheritance. Do I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 24, 2019

Most likely yes. The only way to know for certain would be to hire someone to copy the probate file and explain it to you or go read the file yourself. The key document to read is the will, which probably leaves everything in the estate to the three children in equal shares.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If my stepdad and I own 50/50 of my moms house after probate and he wants to move out will he still be responsible for

Mortgage.

Nina Whitehurst
Nina Whitehurst answered on Aug 22, 2019

If your dad signed the note, yes he will remain liable.

2 Answers | Asked in Probate for Florida on
Q: Caveat & Will filed with Court for minor by parent. Estate 1yr later filed has case no. assigned b4 caveat by 1 number.

My mother-in-law died predeceased by her husband and children, youngest was my husband. Mother-in-law left real property to my son in a Will which I had and after her death I filed a Caveat 5 mths after her death through a local attorney (limited) he deposited the Will with the Court Clerk it was... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Aug 19, 2019

This is a possible problem with the new electronic filing system. Documents get submitted thru the portal and it can take up to several weeks before they show up as filed, particularly with new cases. Whereas things like caveats and depositing of wills get processed faster.

The next...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, what type of "frozen" account is used for Depository of liquid estate assests? Deposits YES/withdrawals NO

3rd party Bank associate says to open a CD in estate's name, but ALL liquid assests not in one place so would locking some in a CD prevent adding liquid assests obtained later?

Seril L Grossfeld
Seril L Grossfeld answered on Aug 16, 2019

Normally assets of an estate would be deposited in a depository account that would mean a court order would be required for distribution of assets from the account. Normally estate assets are not deposited in a time account such as a CD which might prevent access to those assets without penalty... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am living on a piece of land that my dad gave to my brother can his children evict me before probate Court
Seril L Grossfeld
Seril L Grossfeld answered on Aug 1, 2019

More facts are needed about the way your brother owns the property and the conditions under which you have the right of possession to answer this, as well as whether an estate for your brother is currently pending.

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2 Answers | Asked in Probate for Florida on
Q: Then why are they saying we have to go through probate? They were married until she died in 2008. Thanks, Linda
Seril L Grossfeld
Seril L Grossfeld answered on Jul 26, 2019

That's why you go to an attorney rather than a loan officer to resolve this

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1 Answer | Asked in Probate for Florida on
Q: Need help desperately. Trying to get a loan modification but hubbys deceased wife still on property. Can’t afford

Probate. Swore he requested this issue 11 years ago but can’t prove it.

Please help me.

Seril L Grossfeld
Seril L Grossfeld answered on Jul 26, 2019

It depends how she is on the title to the property. Assuming they bought it as husband and wife, normally that is how it is titled. If she passed away while they were still married then all you need is proof of death, like her death certificate without cause of death to be recorded and an... Read more »

2 Answers | Asked in Probate for Florida on
Q: Hi,How do I file an objection to a "Consent to appointment of personal representative" in the state of Florida?

My mother passed away two years ago intestate. My father was named as personal representative but unfortunately he passed away, also intestate, before probate was completed. There are five siblings and one has secured an attorney (the one my father already paid) and is trying to be named as the... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jul 25, 2019

Dear Kim,

If the rest of the siblings want to appoint someone else, one of you is going to have to retain an attorney to represent you to file a counter petition for administration which requests that sibling be appointed personal representative and then have the siblings who support that...
Read more »

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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: We want to sell my Mom's home in Florida, but don't know where to legally place the funds afterwards. Help please?!?!

I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jul 24, 2019

You need to contact an experienced elder law attorney who can explain your options to you. If your mom's home is her homestead, and she is now in need of skilled nursing and may qualify for Medicaid, please take the following into consideration:

Homestead is not a countable asset; it is...
Read more »

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Florida on
Q: What is the process in PR once 1 of the property owners has passed and there are 2 children? How long should this take?

My mother-in-law passed away and the house in PR was in both her and my father-in-laws names. There are 2 heirs (my husband and his sister) My father-in-law, husband and sister-in-law want to sell the property. What is the probate process to get the property transferred to the heirs and ready to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2019

You should ask this in Justia › Ask a Lawyer › Puerto Rico › probate. There are different laws in place in each state (or territory, as in the case of Puerto Rico).

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed away in 2012 in Florida and i didnt get any inheritence. What can I do?

Hello I live in Florida and my father passed away in 2012. He was married to my step mother and they had a child together and he also had a child from another relationship so 3 children 3 different relationships. I was never named as a party in the probate case and didnt get any inheritence... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Jul 20, 2019

I'm sorry for your loss and I'm sure you are looking for closure. Your inheritance would depend upon whether there was a Will and the nature of the assets left. Most assets are transferred outside of probate if the accounts are properly designated and titled. It's possible there was no probate.... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If I wait two years to administer my late husbands estate, will I bypass creditors and his estranged son?

I have enough funds to pay my bills for a few years and would rather not go through probate or contact his son whom he hasn’t seen in 20 years. I am sure he does not even know he died. The estate is worth over the 75k max for simplified probate .

Seril L Grossfeld
Seril L Grossfeld answered on Jul 18, 2019

If you wait the two years you will avoid the creditors. Questionable about the estranged son, may depend on whether there is a will and what it says about his son.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: How much will it cost me to file a disposition of personal property without administration in Broward County, Florida?

My mother lived with me for 15 years, her last year she lived with me in hospice at home. She left no money behind nor an estate. If I were to do this can anyone seeking money from her come after me?

Seril L Grossfeld
Seril L Grossfeld answered on Jul 18, 2019

The filing fee for the procedure is $232 per the clerk's website, but if there are no assets why would you need to file this procedure. Opening any type of estate would be to have authority to sell or distribute assets, if there are none you do not need to open an estate.

1 Answer | Asked in Probate for Florida on
Q: How do i get a hearing in Marion County Florida probate Gardianship

We have temporary Gardianship of a young man we need a hearing to make it permanent Gardianship what do i have to do ro get a hearing without a lawyer

Seril L Grossfeld
Seril L Grossfeld answered on Jul 18, 2019

Normally you would contact the judge's office to get a hearing time. The question is what type of guardianship is this, since other than a guardian advocate appointment you may need an attorney for a permanent guardianship.

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