Stuart Jeffrey Haft's Answers

What can we do if one of the witnesses to a Will cannot go to the courthouse to sign an Oath of Witness?

The Probate Court can appoint a commissioner (generally an attorney) who will be authorized to take the witnesses' oath at her home if she unable to appear in Court for good cause. You will need an attorney to petition the Court and prepare the documents in order to do this.

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Will a copy of a will stand up in court or does it have to be an original?

Depending on the circumstances, a copy of a will can be admitted to probate in Florida. A will is generally not recorded before being admitted to probate (and usually not after either, but may be for certain real estate issues). If the notary notarized the signatures of the two witnesses, this will be very helpful in having the will admitted to probate, but a notary is not required in Florida. The testator's signature must be witnessed by two persons in the presence of the testator and each...

Is probating an estate always required?

In Florida, for a Florida decedent, you are required to "file" the Will with the probate court even if you do not petition to have it admitted to probate. You can petition to exempt certain personal property from creditor claims. If the only other probate asset is a timeshare week worth under $4,000 and there are creditors with valid claims far in excess of this amount, you likely will be better off letting the timeshare week go. Keep in mind that there are also probate court filing fees and...

Can I transfer a car title to my name by power of attorney that is still financed in my sisters name?

The loan documents executed by your sister when she obtained the car loan likely prohibit the transfer of the car while a balance is still owed, unless you obtain the written consent of the lender. You should review the loan documents.

If over 18 do you lose your legal guardians?

In Florida you are an adult at age 18, but regardless of your age, a cruise line company can impose its own rules and regulations regarding what you can do on their cruise ship.

Life insurance policies for deceased parents, error in death certificate

In regards to life insurance policies, I would suggest that you call the claim reporting telephone number for the larger insurance companies (such as Transamerica, Met Life, AIG, ING, Genworth, etc) and have the social security numbers of the decedent available and state that you are attempting to determine if the decedent had a policy with them. Most of the time they will inform you if there is a policy, but may require written proof that you are who you say you are. I assume their mail did...