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Joshua Eli Adams

Joshua Adams’s Answers

720 total


  • Rev. Living Trust: Does this rule (below) about non-titled assets also apply in Florida? I.e. $100K maximum to avoid probate.

    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...

    Joshua’s Answer

    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.

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  • I want to suit my tenants for emotional distress and punitive damages. What else can I suit them for?

    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...

    Joshua’s Answer

    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.

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  • Me, my sister and my mom co-owned a house in Florida. She died five years ago. Do I need an estate attorney to sell my house?

    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?

    Joshua’s Answer

    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.

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  • If I leave my life insurance to my child as my beneficiary does the other parent have access to the money?

    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 ...

    Joshua’s Answer

    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.

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  • Does the alternate named PR take over?

    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...

    Joshua’s Answer

    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.

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  • Grandfather passed away and mom wants to put his property in her name.

    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 ?

    Joshua’s Answer

    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.

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  • My mother passed away before receiving her inheritance. Am I entitled to it?

    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 ?

    Joshua’s Answer

    Depends on the will, both ways are common in wills, assuming your grandmother had one.

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  • My mother passed away with a will, however she was the only name on the house. How do I get the house in the dad's name?

    The will leaves everything to her husband (my Dad).

    Joshua’s Answer

    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.

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  • I need to hire a litigator to sue a Florida foreign company. From which city should I select a litigator?

    I live outside of the US and need to hire a litigator to sue a Florida foreign company. The company is based in Orlando.

    Joshua’s Answer

    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.

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  • Florida Very Small Estate Pers Rep Sole Beneficiary Real Property is deeded Right of Survivorship

    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...

    Joshua’s Answer

    • Selected as best answer

    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.

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