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Jeff Tomberg

Jeff Tomberg’s Answers

626 total


  • What is considered fixed property

    Live in California. All assets and estate going thru probate after death of spouse. Family is asking for 1/2 of all assets not considered fixed property with the house and land. Property has horse arena which is fixed with cemented uprights. Ro...

    Jeff’s Answer

    you should address this issue with your probate attorney. although it would appear that the round pen is considered fixed your probate lawyer will be able to explain the statutory law and case law supporting his opinion.

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  • Petition Caveat Hearing Missed

    My sister lodged a caveat against me with her lawyer because she did not want me to be the administrator of the estate. I showed up for the hearing, she did not. The judge called her lawyer 10 minutes after the hearing was scheduled to begin. We w...

    Jeff’s Answer

    you really need to ask your lawyer. it depends on the reason they didn't know of the hearing. unless they have a substantial reason they didn't show their burden to show you should not be appointed will be greater because they did not show. without knowing the reason for not showing its not possible to give you even a guess as to what the judge will do.

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  • I would like to fire my probate attorney.

    My attorney has been the attorney for my brother's estate. I think he is doing a rotten job. Are there any restrictions on firing probate attorneys? The attorney has been on the probate case for over two years.

    Jeff’s Answer

    you should obtain a second opinion from a probate lawyer in the Orlando area. the new lawyer can advise you as to whether your lawyer is performing his job properly or not. you have provided no facts for anyone to judge his performance. some matters because of complications litigation or tax issues can take longer than the usual case. without the background material its not possible to give you better advice

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  • How to execute a will

    My aunt had a will when she passed away a year ago how do we execute her will.

    Jeff’s Answer

    execution of a will generally means that the person making the will signs it in front of witnesses and a notary. the witnesses attest to the signature of the testator (maker of the will) and the signatures of a the testator and the witnesses are notarized. if your aunt passed away there is no way I know that she can execute the will.

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  • My mother died and we can't find a will. She owns a home and her name ls on the deed not my step father.

    My father was killed years ago at work and my mother was able to buy a home with that money. She eventually re married. Now will our home go to our step father that was basically bought with my dead fathers money. That would be so hard.

    Jeff’s Answer

    speak to a lawyer. he may be able to find a will from your mom. if not he can advise you on your rights. without proper legal advice you may waive important rights.

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  • Can a resident of Florida obtain guardianship of a resident in Nebraska?

    A resident of Nebraska has an appointed power of attorney who cannot perform the requirements of the POA and has requested that a relative obtain guardianship of the elderly person. This relative resides in the state of Florida. Can this Florida r...

    Jeff’s Answer

    I concur with mr deasey. and comment that an experienced guardianship lawyer would be better. some probate lawyers handle this others don't. make sure you hire one familiar with guardianship law.

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  • Security Deposit

    My previous landlord mailed the security deposit check for $875 to my ex-girlfriend's home. The check had both of our names on it however she cashed the check somehow and will not give me my half of the deposit as she is stating that she paid for ...

    Jeff’s Answer

    you need to see a real estate lawyer to assist you. without reviewing the lease and the deposit and the letter sent to your ex girlfriend and a copy of the check its not possible to determine who should be involved in small claims court. if the landlord is wrong Florida's landlord tenant act provides for the recovery of attorney fees. if its just the ex then you may be able to take care of this yourself. you do need the advice of a lawyer

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  • My dad has a 40000 mortgage on his house but wants to add me to the deed so if he passes away it will go to me can we do this

    we want to no if we can do this with the mortgage loan out on the house and if he passes do we just continue paying the loan or do we have to pay it off in full. Problem is me and my husband have filed chapter 13 which will be satisfied in march o...

    Jeff’s Answer

    you should consult a real estate attorney to help you transfer the property. there are a number of ways to accomplish it. one of the concerns you should address is whether the transfer will affect the amount of tax to be paid while your dad is still alive. this is the homestead. further their is a homestead protection against creditors. another consideration would be the assumability of the mortgage and whether the transfer can be accomplished with or without bank approval.

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  • Living Will and how do I find a good reasonbly priced attorney for this

    I need to get a will done, but have some stipulations to set in there , how do i find a resonable price attonrney for all my needs reagarding Will, estate, trust, insuarnce , burials,

    Jeff’s Answer

    you can call and ask different firms in your area how they charge. you can look at avvo or other online sites to find lawyers. you can ask friends that are happy with their lawyers then ask the lawyer how they bill. save lawyers heirs and the courts time and try to avoid do it yourself kits. they cannot advise you of alternatives that may be better than the forms they provide.

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  • My sister passed away in 2012 in berlin Germany being a widow the probate has declared she died interstate i am a brother what

    ref 6v1 233/12 in amtsgericht konigs wusterhausen schlobplatz 4 15711 konigs wustrhausen tel nr 03375-27-1-0 fax nr 03375 -271 111 I am her brother in U.K. AND WOULD LIKE TO KNOW IF SHE HAS LEFT ANY GIFTS IN HER WILL THEY SAY SHE WAS INTERSTATE .H...

    Jeff’s Answer

    you will need a lawyer in Germany to assist you. to help you intestate means died without will. I suspect that is what you mean. interstate is an autobahn. a lawyer in Germany will be able to assist you as to what happens when someone dies without a will. since you do not indicate whether she had children the german law of intestacy will determine whether you get half ( husbands family gets other half ) or you would get it all.... consult a lawyer in Germany.

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