She had no will or executor, but wanted me to have her house and property. My mom and uncle (she only had two kids) don't want the house or property and are both ok with me inheriting it. Only her name was on her debts. No probate case has been o...
Your grandmother's house will not be subject to creditor claims. Your family will need to contact a probate attorney to discuss the process to transfer it to her heirs. It will pass under the Florida Intestate statute which deals with estates when someone passes away without a will.See question
Husband and wife living in Florida. Wife died, and nearly every asset was joint (except vehicles), or named husband as beneficiery. Exempt Property under Florida Statutes section 732.404 says that the two vehicles - worth about $7,000 total - in ...
You need to record the Will in the public records of the County he lived in when he passed away. There is a Florida law that says that the Will should be deposited within 10 days of death. You will not get in trouble for not doing that, but that is what the statute says.(904)366-2703See question
The only asset is the house that I found out is not in my name. there are no children or other family members. What happens now?
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 the homestead is still free and clear of creditor claims with a few exceptions.
I am happy to discuss the probate process with you and answer any questions you might have. Feel free to give my office a call at (904)366-2703 if you would like to discuss the process and how to move forward to transfer the house into your name.
I wish to have a life insurance policy and name my minor age grand as the beneficiary but wish to make the age that he may receive it as age 20. How can I make sure this happens and that no one can interfere with the age requirement?
I agree with previous answers. A trust needs to be created, either within a Will or separately. Then if you were to pass away before the child is 20 the proceeds would go into a trust to be administered per the terms of the trust.See question
My mother died in a single car accident from being intoxicated. I am suing the establishment for negligence/wrongful death. In the event their is a lawsuit/settlement, we will need to set up an Estate in her name. We did not do this originally ...
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.See question
i have filed a claim for wrongful death using his will to show i am his sole beneficary and represenative, but the va is requiring i have a paper from court appointing me as pr to contiune with the claim asap
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.See question
My sister died in 2011. There was no will. Her only daughter has two children but died in 1999. Her grandson and my nephew claims that he is the legal heir of the homestead being the child of her pre-deceased daughter. Where do I stand in...
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.See question
Do you have to have a estate filed for the deceased?
If the person who took out the insurance policy is deceased now and your father was the beneficiary then a probate will need to be opened for your father. The insurance money will go into his probate and then be distributed to the beneficiaries of his estate. You need to consult with a probate attorney to answer this question. I practice all over the state of Florida and would be happy to do a free phone consultation for you on your options. Feel free to give my office a call if I can help.See question
I am the PR and successor trustee . The title doesn't appear to be included on the trust
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 consult with a probate attorney to advise as to the best way to transfer the property.See question
I am trying to get his medical records and couldn't because the death certificate didn't list us as next of kin.
I agree with the other attorneys that a death certificate does not list children. You may have to open a probate and have the personal representative appointed by the Court ask for the records for you. I would consult a probate attorney to determine the procedure to access the records.See question