Mr. Pippen's answer brings up the biggest possible issue. Even if attorney's fees and probate costs make sense, are there creditors that might take whatever is left?
You need to consider the complete picture and a consultation with a probate attorney is going to really help you assess the situation. Best of luck.
I agree with filing the caveat or a claim against the estate IF IT IS OPENED.
Note: A creditor may also open the probate administration and then file a claim. This would require hiring an attorney and might not be cost effective, but it is a viable option. Typically after 2 years from date of death, all unsecured claims are discharged.
Actually you don't need an attorney if the remaining Florida assets will pass using the "Disposition of Personal Property without Administration".
I don't know if you NEED a probate attorney in NJ. Call the clerks office up there and find out.
As for jointly held real estate in Florida, if there is a provision in the deed that says "with joint rights of survivorship" you should only have to record a death certificate.
I don't do much guardianship work but it seems as though no one else is diving in and I didn't want to leave you hanging.
You should probably post this question in the Maryland/Guardianship section. Alternatively, contact a Maryland guardianship attorney.
If you can't afford one, you should contact the clerk of courts in the county where your mother/sister live and find out if they have a "pro se" or "self-help" process to petition for guardianship over a minor.
Sounds you like you...
I think you might need to elaborate - what other kinds of assets are you talking about? In many probate matters, untitled personal property assets are often not listed in the inventory because it's too cumbersome to nail down every last tangible possession with the court. Mom's antique hairbrush may have sentimental value, but it would typically fall under some blanket distribution of assets or the PR would come up with an agreed upon method of liquidating those assets or handing them over to...
I'll add to what Mr. Deason said:
1. The Petition to Determine Homestead Status is a cue to the probate court to "determine" (declare) the property as a protected homestead property - protected from creditors. The homestead declaration that is made through the property appraiser's office only serves for the purposes of securing a homestead tax exemption.
2. It's unclear how the property is deeded - if it's deeded to a trust, then you shouldn't need to file a petition to determine...
Mr. Carr makes an excellent point. All probate attorneys should be weighing the outstanding creditors against the non-exempt assets in the estate.
Opening the case prematurely is like opening Pandora's box. Be sure that your case is thoroughly analyzed before jumping off to have it filed.
First, you should probably talk to an attorney (solicitor) in England - I don't know if Avvo has coverage in Europe yet. Perhaps you mean New England?
Here's my 2 cents. The mere fact that your sister has possession of the deeds to your mother's funeral plot doesn't necessarily mean she owns the plot itself. Nor does it mean she has the right to call the shots.
You will want to contact whoever sells those plots and find out if they have record of who owns the plot (my guess is your...
I'm don't know a thing about Texas law, but Florida landlord-tenant law can be tricky and full of pitfalls for "landlords." (It's unclear whether or not the OP actually owns the home.)
It's a little late now, but just so other people don't get the wrong impression, this could be construed as an oral agreement for less than 1 year under Florida Statute 83.43(7). Worst case, you might have a month to month agreement in which case a 15 day written notice might be appropriate.