Katherine B Schnauss Naugle’s Answers

Katherine B Schnauss Naugle

Jacksonville Estate Planning Attorney.

Contributor Level 9
  1. What is the name of the legal document the children of a decedent need to sign, in order for the widower to have the property?

    Answered over 1 year ago.

    1. Katherine B Schnauss Naugle
    2. Stephanie Sauer Woods
    3. James P. Frederick
    4. Ryan M. Layton
    5. Matthew Erik Johnson
    5 lawyer answers

    I am not clear on the facts. Is your grandfather still living? We would also need to see how the deed to the property is titled and what you want to do with the title. I would suggest you contact a probate attorney to discuss the title to the house and how to transfer it.

    8 lawyers agreed with this answer

  2. JOINT TENENTS WITH RIGHTS TO SURVIVORSHIP

    Answered over 1 year ago.

    1. Barry A. Stein
    2. Katherine B Schnauss Naugle
    3. Patrick X Amoresano
    4. Dennis Michael Phillips
    4 lawyer answers

    You would need to consult an attorney to see how the deed is worded. Depending on the wording most likely the person that died came off the title and the two remaining people own it equally. Again I would consult an attorney to review the wording though because it is very important to see how it is worded as to how it passes.

    8 lawyers agreed with this answer

  3. My father passed away recently. His house -owned free and clear - says life estate and my name on the Hills county property

    Answered over 1 year ago.

    1. Katherine B Schnauss Naugle
    2. Richard Allan Heller
    3. John M. Cullum
    3 lawyer answers

    You will need to have a probate or real estate attorney review the deed. If it is titled properly giving him a life estate and you the remaining interest you would just need to record a death certificate in the county where the property is and it would pass to you assuming you have the remainder interest. You need to have it looked at first though.

    6 lawyers agreed with this answer

  4. MY GRANDMA DIED,AND MY DAD TWO UNCLES,AND MY AUNT WOULD NOW OWN 1/4 OF HER HOUSE .MY DAD ,AND I LIVE HERE WILL WE HAVE TO LEAVE?

    Answered over 1 year ago.

    1. Katherine B Schnauss Naugle
    2. Jeramie J. Fortenberry
    3. Marian Audrey Lindquist
    3 lawyer answers

    First a probate will need to be done to transfer the house unless the deed had language transferring it to the heirs upon your grandmother's death. Once the probate court transfers the homestead property it sounds like there will be multiple owners. You would each have a right as owners to live in the house. I would suggest contacting a probate attorney to walk you through your options.

    6 lawyers agreed with this answer

  5. My husband died over a year ago, I did not know that his will had to be given for probate within ten days.

    Answered about 1 year ago.

    1. Richard Allan Heller
    2. Katherine B Schnauss Naugle
    3. James P. Frederick
    4. Celia R Reed
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    There is a Florida statute that the Will must be deposited in 10 days, but you will not get in trouble for not doing so. As far as what to do next, if your husband had no creditors (did not owe anyone money) then you will want to hire an attorney to do a Petition for Summary Administration and a Petition to Determine Homestead. The judge will enter an order transferring the homestead into your name. If your husband had creditors you will have to do what is called a Formal Administration, but...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Hierarchy of heirs in Florida

    Answered over 1 year ago.

    1. Katherine B Schnauss Naugle
    2. Joseph Warren Cannon Boyles
    3. Marian Audrey Lindquist
    4. Richard Allan Heller
    5. Abel Lopez
    5 lawyer answers

    Under the intestate statute of Florida Law if your sister was not married when she died then her daughter (assuming she was the only child of your sister) would have inherited 100% of her estate, including the homestead. If the daughter is deceased, but had two kids then they inherit the estate equally. I would suggest you contact a probate attorney to discuss this though. I practice probate law all over the state of Florida and am happy to give you a free 30 minute consultation on this issue.

    5 lawyers agreed with this answer

  7. How do I set up an estate for my mother who passed away last year and had no assests?

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Mitchell Scott Goldman
    3. Ruth Elaine McMahon
    4. Joseph Franklin Pippen Jr.
    5. Katherine B Schnauss Naugle
    6. ···
    7 lawyer answers

    In order to maintain a wrongful death suit a Personal Representative will need to be appointed. You will need to find a probate attorney to help you open a Formal Administration. A PR will be appointed. There is a priority of people entitled to serve as PR which you will want to speak to your attorney about. If I can assist you with this process please feel free to contact my office.

    4 lawyers agreed with this answer

  8. Is it easier to sell / transfer title of a home from trustee acts or from probate

    Answered over 1 year ago.

    1. Katherine B Schnauss Naugle
    2. Ryan M. Layton
    3. Stephanie Sauer Woods
    4. Robert C Graham
    4 lawyer answers

    It all depends on how the property is titled on the deed, as well as what the trust and the Will say. If the property is in the name of the Trust already then you can transfer it as trustee (subject to trust terms and approval). If there is what is called a "pour over" Will and the property was not in the name of the trust and just in the name of the decedent then it may have to go first into the trust and then out. It all depends on the wording of the various mentioned documents. I would...

    4 lawyers agreed with this answer

  9. Dear Sir or Madam. I need to take my house through probate and in the meantime how do I get the bank to talk to me.

    Answered over 1 year ago.

    1. Stephanie Sauer Woods
    2. Katherine B Schnauss Naugle
    3. Will Murphy
    4. Brantley Daw Oakey
    4 lawyer answers

    They will most likely talk to you once you have been appointed as the Personal Representative of his estate and the Judge signs Letters of Administration. You should consult a probate attorney to determine the procedure to do this.

    4 lawyers agreed with this answer

  10. My son died 3 yrs ago with no debt or assets mother needs to be appointed as pr to file a claim from va on his behalf

    Answered over 1 year ago.

    1. Katherine B Schnauss Naugle
    2. Richard Allan Heller
    3. Stephanie Sauer Woods
    4. Brad Harris Milhauser
    4 lawyer answers

    Do you have an attorney you are working with on the wrongful death suit? Typically you would need to open a probate, using a probate attorney, to then be appointed as Personal Representative and pursue the wrongful death claim. I would suggest you contact a probate attorney to discuss your options. I am happy to give you a free in-person or phone consultation for 30 minutes to determine what you need. Let me know if I can help.

    3 lawyers agreed with this answer

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