This language is from my father's will - do the same rules apply to Florida residents?: "some of your property may not have been transferred, or new property may be discovered. under current california law, if the total value of your assets outsid...
In Florida, if the assets were not transferred to the trust during the lifetime of the decedent, the estate will have to be administered. If the non-exempt assets are less than $75,000, the estate may be able to be administered in a summary administration which is usually faster and cheaper. I suggest you find a probate attorney through this website and set up a consultation to decide out to proceed.
Good luck and sorry for your loss.See question
I have been through court trying to evict my tenants. They are in breach of contract, by not taking care of my $300,000 home, unpaid rent for 3 months, owning me over $4,000 in late fees and other expenses. I constantly receive letters from the HO...
No. You may have a claim for damages and breach of contract, but what you described would not be a basis for a claim for an emotional distress claim or punitive damages.See question
Me, my sister and my mom co-owned a house in Florida. The deed I believe is common tenancy. She died five years ago without a will. Do I need an estate attorney to sell the house?
Possibly. An attorney would need to review the deed to determine if your mother's estate must be probated in order to transfer or sell the house.
I recommend you find one or more probate attorneys from this website and set an appointment.See question
I had tried to create a will and name a guardian for my child but was advised that since the father still has his rights, (even though he has not been involved in my child's life for 9yrs) the father would have access to the money that I leave my ...
Sounds like you may want to create a trust with your son as the beneficiary, and then leave the life insurance to the trust, however we are talking about complex legal documents and issues and you cannot afford to mess this up or make decisions based on attorneys advice based on the limited knowledge provided on this board.
I suggest you find an attorney using this website and make an appointment to discuss it in detail.See question
Sue was named as the PR to George's estate, Sue does not want to handle an administration outside of the state she lives in, she does not want to travel, Mary was named as the alternate PR in his will, does Mary get called upon to finish up the a...
There is going to have to be a petition filed with the court. Getting consents from all the other beneficiaries will be helpful. Mary should consult with and retain a probate attorney. Many probate attorneys practice thought Florida.
I suggest Mary use this website to find and hire a probate attorney.See question
My grandad passed away two years ago but before he did he left a notarized document stating that all his property and possessions should go to my mom. What should my mom do to have the property put in her name ?
In order to answer that question a lawyer would need to review the existing deed to the subject real property. It's common for married people to hold property in a way together that allows the property to pass automatically to the other spouse upon death. Even in this case, an affidavit of death should be filed in order to protect the chain of title.
Most attorneys charge a modest rate to review such documents and for consultation relating to them. I suggest you find a probate attorney on this website and schedule a consultation.
If it turns out that the property was not held together as husband and wife, then a probate may be necessary. The type of probate, expense, and amount of time required will depend on the amount and type of property, among other factors.See question
My grandmother died in July and left money to my mother. My aunt did not distribute the money before my mom died in December. Now she claims that she gets to keep it. Am I entitled to those monies ?
Depends on the will, both ways are common in wills, assuming your grandmother had one.See question
The will leaves everything to her husband (my Dad).
Her estate will need to be probated. A summary administration may suffice, assuming there are no other assets. I recommend you find a probate lawyer using this website and schedule one or more consultations. Many probate attorneys practice statewide.See question
I live outside of the US and need to hire a litigator to sue a Florida foreign company. The company is based in Orlando.
If it's the type of case that will be billed hourly, you'll save some money with a local attorney, but even then, the amount saved will not usually be comparatively large. Location should be one among several factors.
You should consider experience, the quality of service you believe you will receive, and the amount of money you are willing to pay.See question
Bottom line is failed to arrange to bypass Probate. (health problems)- Only $7k in bank which is about enough to pay condo fees, a big assessmt & property taxes due before 3/1 Only $359 owed on one credit card & that's it. Funeral Expenses pd via...
If there was a right of survivorship on the deed, you may be able to avoid probate on the property. Would need to review the deed. As far as the bank account goes, you seem to understand the law. Either there was a POD beneficiary or not. If you believe the bank teller was wrong, you should speak to a manager.
If you need to go through Probate, I suggest you find a probate lawyer on this website. Many probate attorneys practice statewide.See question