My brother is the executor and my understanding is that he must file the will with the court. If the will is ruled invalid, it goes to probate court which administers the will? If will is valid, can my brother act on his own in distributing asse...
In Florida, the "executor" is known as the Personal Representative (same party). Whether the will is valid or not, FL requires that it be probated, excepting in a very few circumstances - none of which would seem to apply here. No, the PR is NOT allowed to just play Santa Claus and pass things out as he sees fit, he must honor the distributions that are specified by the testator. Additionally, in FL an attorney is required when there is more than one beneficiary and when the estate is probated within two years of the testator's death. The court will require a complete list of assets and a final accounting showing what has been done before signing a final court order of probate administration.See question
I was looking through some paper work about a second property my family owns with an instinct it was supposed to be left to me after my mother and grandfather died. Both have been gone for over 2 years. My grandmother will not let me stay at the h...
You are going to have to seek the advice of an attorney where you are. They will need to thoroughly review the POA (which sounds like it may be invalid) and the trust agreement. Even if the property was left in trust for you, your grandmother, as trustee, has certain legal (and fiduciary) duties to you as the beneficiary which require her to a) follow the directions of the trust, and b) give you a copy of the trust and an accounting of the property in trust for you. Your attorney can insist that she do so. Good luck.See question
CAN A PERSON NAMED IN THE LAST WILL & TESTAMENT BY THE TESTATOR AS HIS/HER EXECUTOR ALSO BE LEGALLY ABLE TO RECEIVE PERSONAL ITEMS FROM THE TESTATOR IN A WILL ?
Yes, the testator can leave their property (pretty much) to whomever they please, with exceptions for homestead, spouses, and minor children. The fact that they have named someone executor (or personal representative) does not preclude them from leaving them the whole estate, if they wished.See question
A PERSON I KNOW WHO WAS BORN IN JAMAICA AND HAS LIVED HERE IN THE USA FOR OVER 20 YEARS.....NOW COLLECTS SS CHECKS AND SEEMS TO BE ENTITLED TO MEDICARE, AS SHE HAS A MEDICARE HMO POLICY. HOW IS THIS POSSIBLE IF SHE IS NOT A CITIZEN OF THE USA. ...
So she has worked here for over 20 years, contributing to our GNP - now, what is your issue with this?? What advice are you seeking? I'm not certain from your posting why this is your concern...See question
My uncle left will with a friend. They gave will to me. So can I open and read.
Is your uncle alive??? If so, I would recommend doing him the courtesy of informing him that his "friend" gave the will to you and ask him what he wants you to do with it. If it is an original will, it will need to be protected to preserve its contents for probate - otherwise, his estate may be distribute as "intestate" (without will). If he has passed and it is the original will, you will need to file the will in the probate court in the county where he resided at the time of his passing.See question
My mother, also my 'representative payee payee' recently had to move into a nursing care home, and they are telling me she can no longer be involved with the direct deposit joint account for my SS checks because of some policy of theirs. They are ...
No one is trying to "sting" you - the fact is, if the account is joint then it is also an asset of your mom's. I am presuming, since they are asking, that she is in the nursing home but it is being paid for by Medicaid. If that is so, they have a responsibility to see who the assets really belong to and use that to determine her eligibility. For example, if the account is a commingled account with her and your monies, they will presume that she had the right and ability to use all the monies in the account, at will. They CAN (and will) include it as hers because, if it is truly a joint account, it effectively IS hers. Move your SS checks into another account. Problem solved.See question
I live in SC .the executor of my late father who resides in NC is sueing me for an IRA that I am point of death on and monies owed..... Please help I don't know what to do
OK. Unless the probate laws of succession are vastly different in NC from SC, the IRA, if properly naming you as the beneficiary (not sure what you mean by "point of death on"), that should not be part of the probate estate. I would do as my colleague has stated and have a probate attorney review both the IRA agreement and the complaint. If you don't know of one in your area, you might try contacting Deidre W. Edmonds who has a law firm there. She is a former probate court judge.See question
I am already moms POA, but SSA doesn't accept them, I am her contractual care giver with family members and they allow me to be paid, since I quit my job to care for her. I pay all her bills and care for her 24-7
Why do you ask? A lot depends upon how much (and what type) of care your mother needs. Is she capable of handling her own finances? If so, then it is probably not necessary. However, if she is not competent with money, then it should be a question that she brings up with SSA. Note that they pay a great deal of attention to ANY issues, even innocent ones, that may look like fraud. So, if you DO take on the role as Rep Payee - keep EVERY receipt and NEVER commingle the funds with your own.See question
Father recently passed. Need to find out if there's any assets I'm entitled to. Haven't had contact with him in over 40 years. Found out at the funeral he had a business, owned property, and had life insurance.
Before you spend any money on a probate attorney, you should find out two things; 1) did he leave a will? and, 2) are you named in the will? Since you are no longer a minor child of his, if he resided in FL, he can disinherit you. If there is no will, you MAY receive part of the estate by FL's intestate succession. The probate court in the county in which your father resided SHOULD have a copy of his will (if it was properly filed) or can tell you if a probate has been filed for his estate.See question
I am looking to open a probate case up. Where do I send a filing?
As Attorney Foster has correctly stated, depending on the value of the estate, the length of time since the decedent passed, and the absence of creditors or other heirs, you will, by Florida Law, HAVE to hire an attorney to file this for you. That attorney will be able to determine the correct jurisdiction for filing the probate pleadings.See question