Grantor is in assisted living and can't leave. She has CD'S at many banks held in a grantor trust. She wants POAs to close them and deposit to 1 trust account.
Some of banks are wanting proof of incapacitated from DR. Poa specifically says they can do trust accounts and is not... Read more »
1. There is no law or "article" that you can use to "prove them wrong."
2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.
3. If you will turn this around and look at it from THEIR position you... Read more »
The property is owned by my mother, aunt and uncle. All of the them are on the title. My mother passed away in 2016 without a will. For clarity, there are no family issues and my aunt and uncle agree that my sister and I should be added to the title in place of my mother who passed away. What steps... Read more »
It should be probated. You need a probate lawyer.
I signed waiver of extradition they never came and got me and I was released
Whether or not the county where your VOP is decided to pick you up and extradite you does not change the status of your VOP. You should immediately consult with a criminal defense attorney in your area to try and resolve the VOP.
The easy answer is to do a quit claim deed from you to her and you. The much better answer, and the one that I urge you to follow, is to consult with an estate planning lawyer to make certain that not only is the transfer done properly, but that the transfer is done in light of any tax or other... Read more »
We were told there is no will , are assets divided equally to her heirs or do all assets go to his heirs?
Is there a cause for action, can we ask for or make a claim against the estate which will no doubt have to be probated ?
Please Advise
Thank you
If there is no will, the wife's heirs would be determined by reference to the intestacy statutes. Who applied to be personal representative (or "executor") is immaterial.
Florida Statute 732.103 Share of other heirs.— provides in pertinent part that:
"The... Read more »
I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »
Nobody knows your case like your lawyer. If you don't agree with your lawyer's assessment.you are free to fire him.or her and find new counsel.
I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »
I am sorry for your loss on the passing of your partner, please accept my condolences at this difficult time. Normally a probate property should/must be appraised within 6 months of death. With both of your names on the property as 50/50 owners, your partners half will have to go through probate... Read more »
my wifes dad passed away and her stepmother took everything property, vehicles, personal property, life insurance. home aquired before there marrige from inheritance. does my wife have any standing to recieve any of her dads things. she was born in pervious marriage 14 years or so before.
Perhaps. Was there a will?
I am very sorry for your loss and please accept my condolences at this difficult time for you and your family. It is likely that you will need to speak with a Florida Probate Attorney, if you do not have a Will and or similar estate planning documents that apply and can be used you are likely stuck... Read more »
Is it possible for a person to file probate themselves and not use an attorney?
I do not have $4,000 and that seems to be what everyone charges.
My brother was not married and no children.. Next of kin is our mother who is 98 yrs old and I have her POA.
I am sorry for your loss and the passing of your brother, please accept my condolences for you and your mom and your family. When there is no Will then the Florida Intestate Statutes (without a Will) are going to apply. Some law offices will work with you based on your circumstances and allow you... Read more »
No will, sole heir.
Yes, a probate will be required and you should speak with a Florida Probate Attorney. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. I would further advise that you get a copy of the property deed and have it reviewed as well, based on how the property... Read more »
No will, sole heir.
Yes. A title insurance commitment should tell the lawyer what would be required to provide insurable title. Then a probate admin, possibly summary in nature, would follow.
If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »
Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... Read more »
Trustee has not shared the Trust. It is believed he disposed of the most recent Will, & filed an older version in which he filed a month after my dad passed, & has slowly trickled in other documents:
One property was not part of the trust, yet somehow he has been able to transfer... Read more »
There's no online help. You must retain an attorney to protect yourself. The personal representative should have a lawyer representing your dad's estate.
If we can't sell car, we will lose it, as I can't keep paying on it and insurance.
The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case... Read more »
I was addicted to drugs at the time, so I had no choice but a public defender. Would definitely be open to hiring an attorney for a modification if necessary
It is certainly within reason to have the community service converted to a monetary payment in most parts of the state
My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »
The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole... Read more »
An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »
Have you asked them to send you the money? What's the real issue? Nobody except the law firm of whom you are a client would know why 9 months have transpired and no call. Perhaps they were waiting for the other case to settle and pay everything at once. Who knows? did you ask them the same... Read more »
I am very sorry for your loss and on the passing of your father, please accept my condolences for you and your family at this difficult time. The answer to your question is that it depends, if what you have is a Will/Trust/Deed that is one thing, if it is not a valid and legal document as listed,... Read more »
3%, plus potentially an hourly rate for extraordinary services.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
