Pamela B Stuart's Answers

Under FL estate planning laws, does a Will have to be notarized by the court, can a Will be filed after creator died

I am a Florida-licensed attorney. Florida, like other states, has specific requirements for the execution of wills. It does not require notarization by a court but it is a very frequent and good practice to have a Florida notary present when a will or trust is signed in the presence of witnesses. You may file the will with the court in the proceeding that was opened previously but you will have to be able to prove the will was that of the decedent. It may be contested and there may be...

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Executrix of Estate

I am a Virginia-llicensed attorney and I can assure you that it is difficult to do the accountings to the satisfaction of the Commissioner of Accounts. I would suggest that you consult the staff person assigned to your estate to find out what the problem areas were if it is not obvious from the communication to you. Then decide whether you can fix it your self or need to hire an attorney to do so. I assume that the local Circuit Court issued letters of administration to you as the...

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Procedures for probate under FL state law deed to timeshare and outstanding debts

Your father's estate is liable for the debts of your father which include the timeshare's property owner's association dues. You might want to write to the association and inform them of your father's death and that none of his family want the time share and suggest that the association take steps to foreclose on it. Alternatively, if it is worth something, you might want to open a probate estate in Florida to transfer ownership of the timeshare to the heirs and then sell it.

Estate planning, setting up a constructive trust in NY state

I am a New York licensed attorney. I agree that it is almost impossible to establish a constructive trust in your situation. I would suggest having the house appraised and offer to purchase it from your mother at the appraised value. However, if she refuses to sell, you have no choice but to vacate the property as requested. Alternatively, you might request a lease with an extended term but it sounds like she will refuse that too. Good luck.