Louis David Putney’s Answers

Louis David Putney

Tampa Probate Attorney.

Contributor Level 7
  1. Our father passed away unexpectedly 2 months ago and our mother is withholding his will & lawyers info. How do we get a copy?

    Answered over 2 years ago.

    1. Thomas Michael Bates
    2. Louis David Putney
    3. Donald Joseph Quinn II
    4. Joseph Franklin Pippen Jr.
    5. H. Stratton Smith III
    6. ···
    6 lawyer answers

    It is correct that the custodian of a Will has the legal obligation to file the original Will with the Probate Court in the county of residence of the decedent within 10 days of the date of death. In my experience a letter to the custodian from an attorney for an interested family member usually stimulates compliance with the law. Before going to the expense of a suit against your mother, you may attempt to get a copy of the Will by other means, such as from your father's attorney who would...

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  2. If Iam the executor of my husbands estate(left will) why does the will have to be probated.

    Answered over 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Daniel Todd Fleischer
    3. Thomas Michael Bates
    4. Louis David Putney
    4 lawyer answers

    A preliminary issue which is unclear from your question is whether your husband was a resident "domiciled" in Florida, or a resident of the State of New York, in which case Florida law would not control. If he was a resident of New York, you should consult a probate attorney in the State of New York.

    4 lawyers agreed with this answer

  3. My aunt wills has names that were cross out Its this will still ok?

    Answered about 2 years ago.

    1. John B. Whalen Jr.
    2. Eric Jerome Gold
    3. Louis David Putney
    3 lawyer answers

    You don't state where your aunt resides. If she is a resident of Florida, the answer would be different. Notations or deletions made to a Florida Will with the intent of changing the terms have no effect, and the original wording of the Will would be enforced by the Florida Probate Court. In Florida, your aunt could only change the terms of her Will by executing a Codicil or a new Will, or by revoking the Will entirely by destroying it.

    5 lawyers agreed with this answer

  4. What is the statute of limitations on contesting a will after the person has passed?

    Answered about 2 years ago.

    1. Jeramie J. Fortenberry
    2. Louis David Putney
    3. Eric Jerome Gold
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    I must respectfully disagree with my colleagues. Under Section 733.109, Florida Statues, proceedings to contest or revoke probate of a Will can be brought by an interested person up until final discharge of the personal representative at the conclusion of the estate. This right to contest the Will can only be shortened by service on the interested party of: (1) formal notice of the petition for administration (reducing the period to 20 days from the date of service); or (2) notice of...

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  5. My Husband Died and we had Life Insurance; however the policy did not list a beneficiary. How do I collect benefit.

    Answered 11 months ago.

    1. Marian Audrey Lindquist
    2. Lawrence Jay Davis
    3. Robert Jason De Groot
    4. Christian K. Lassen II
    5. Louis David Putney
    6. ···
    6 lawyer answers

    Before you go to the expense of opening an estate, contact the agent who wrote the policy and find out if there was a beneficiary designation form filled in that the insurance company has overlooked. Most agents will request the designation of a beneficiary to prevent their customers from going through what your are experiencing.

    3 lawyers agreed with this answer

  6. How is an administrator choosen in florida?

    Answered about 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Marcos P Martinez
    3. Donald Jack Glazer
    4. Lee R. Carr II
    5. Louis David Putney
    5 lawyer answers

    It is true that your mother's verbal wishes are not legally enforceable in Probate Court, however, Florida Statutes provide that alternative distributions agreed to among the heirs will be enforceable to the extent they do not interfere with the rights of other interested parties (such as creditors or other heirs). I have had cases where the other siblings understood the wishes of the deceased parent, and agreed to an unequal distribution of assets. It appears your mother's property would...

    3 lawyers agreed with this answer

  7. Florida probate percentage payment for probating an estate

    Answered almost 3 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Louis David Putney
    3. Will Murphy
    4. Steven J. Fromm
    4 lawyer answers

    The Florida Statute provides a guide. It suggests flat fees for estates under $100,000: a fee of $1,500 on estates up to $40,000; $2,250 on estates between $40,000 and $70,000; and $3,000 on estates between $70,000 and $100,000. The 3% fee then applies to estates between $100,000 and $1M. The decedent's asset are often not available to pay fees at the beginning of the process, so I often ask for a retainer to cover the initial filing, and collect the balance of the fees shortly prior to...

    2 lawyers agreed with this answer

  8. Whats our rights? If/Should we contest the Will? But agree to divide everything equally. How do we stop contesting the Will?

    Answered over 2 years ago.

    1. Barry A. Stein
    2. Lawrence Jay Davis
    3. Marian Audrey Lindquist
    4. Louis David Putney
    4 lawyer answers

    It can be expensive, but you may have a strong legal presumption on your side, if the facts support a claim of undue influence practiced by your sister upon your father. The line of cases creating the presumption begin with the Florida Supreme Court ruling the case of In re Estate of Carpenter, which held "it is established in Florida that if a substantial beneficiary under a will occupies a confidential relationship with the testator and is active in procuring the contested will, the...

    1 lawyer agreed with this answer

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  9. Do you have to distribute the trust agreement to the beneficiaries?

    Answered over 1 year ago.

    1. Judith Anne Schening
    2. Jeffrey R. Gottlieb
    3. Guy R. Youman
    4. Charles Adam Shultz
    5. Louis David Putney
    5 lawyer answers

    In many states a trustee has a legal obligation to send a specific notice to all beneficiaries within 30 days of becoming trustee, and to provide a copy of the trust instrument to any beneficiary who requests one. Failure to comply with the statutory requirements may be grounds for removal as trustee. Trustees also have minimum fiduciary standards which they must meet. I suggest you retain a trust attorney to guide you through the process. Those attorney's fees would normally be paid out of...

    3 lawyers agreed with this answer

  10. My mother passed away in 2008, her husband at the time did not give a copy of her will to me or my sister. How can I get a copy?

    Answered about 1 month ago.

    1. David Michael Goldman
    2. Marc Jeremy Soss
    3. Hollyn June Foster
    4. Louis David Putney
    5. Kenneth H. Vanway
    5 lawyer answers

    In Florida, any person in possession of a decedent's Will is required to deposit the original Will with the Clerk of the Probate Court in the county of the decedent's residence within 10 days of the date of death. Also, it is a crime to secret or destroy a decedent's Will. If the Will is not on file, you may wish to have an attorney write your former step-father, advising him of these legal requirements, and demanding that the original Will be deposited with the Clerk. You should then be...

    1 lawyer agreed with this answer

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