Amy J Fanzlaw's Answers

Can i see the will of my father even though he died in 1989? how do i go about getting a copy?

In Florida, wills are public record so if your father had one and it was admitted into probate in Florida, you can secure a copy from the clerk of court in the county in which he lived when he died. Whether it is too late for you to claim a piece of the estate, however, depends upon the particular circumstances, including whether your father's estate was probated, whether the administration has since closed, and what the circumstances were if you were wrongfully excluded from sharing in the...

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Do I need to chat with a probate attorney in FL to ensure that my rights are protected? I live in CO and my parents in FL.

My sincere condolences on the recent loss of your father. Critical to answering your question is how assets were titled when your father passed away. If your father died with a valid will, his probate estate---that is, all assets that are titled in his sole name---will be distributed pursuant to the terms of his last will and testament. Assets titled jointly with rights of survivorship or as tenancy by the entireties will pass by operation of law to the survivor, while assets with a...

How do I get a person declared incompatent

Only a court can declare an individual incapacitated and remove some or all of that individual's legal rights, such as the right to dispose of one's property. The standard to remove capacity is rather high, as the courts do not take lightly the removal of one's rights, so the mere fact that money is being gifted to political groups may not be enough evidence of incapacity, depending upon the totality of the circumstances. If the individual in question has an estate planning attorney, I...

Does an estate have to go through Probate?

Probate is simply a process by which title to assets is transferred. Assets that are titled jointly with rights of survivorship or with a designated beneficiary do not require probate for title to be transferred; rather, title to those types of assets are transferred either by operation of law or by contract. Generally, if all assets subject to probate are valued at more than $75,000 and/or the decedent died less than two years ago, a formal probate administration will be required to transfer...

My parents are deceased and the 5 kids have inherited a mortgage free condo in Florida. Usage vs upkeep? How can it be amicable?

Generally, you and your siblings can agree to whatever you all feel is fair and cost effective under the particular circumstances, but as you have alluded to, there are many potential issues and things you should consider. For example, it is sometimes difficult in Florida to secure property insurance on vacant residential properties, so creating an entity like an LLC to own the property can help resolve this issue, as well as help limit the personal liability for you and your siblings....

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How can I prove heirship to my mother who has passed away and there was no probate of her estate?

You do not indicate whether your aunt predeceased your mother, but for the purpose of answering your question, I am assuming your aunt did predecease your mother. If that is not the case and your aunt died after your mother, the analysis changes. Ultimately whether you and your sister can recover the bank account depends upon whether your mother left a will (often referred to as dying "testate"). If she left a will, the proceeds of the account will be payable to the beneficiaries of her...

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How can I change a death cert. that is 50 years old that was marked incorrectly-(widowed-he was married)

You don't mention what state issued your father's death certificate, but the issuing agency of whatever state it is should have a mechanism for correcting the death certificate. Check the website for the issuing agency to see if the procedure for correcting the death certificate is listed there. If not, call the issuing agency to find out what steps are necessary. You may need to provide evidence of the marriage, so you should secure a copy of the marriage certificate or some other proof of...

We found a certificate from our deceased Fathers possesions & need to know if it has any value?

If a probate administration has been opened for your father's estate and the certificate is titled in your father's sole name, the certificate should be relinquished to the executor to process as part of the probate estate, and it will be the executor's responsibility to determine the value. If a probate administration has not been opened and one is not anticipated (unless of course the title and value of the certificate will require it under the laws of the applicable state), then the easiest...