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Dana Laganella Gerling
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Dana Gerling’s Answers

115 total


  • I WANT TO BE THE PERSONAL REPRESENTATIVE .FOR MY LATE MOTHER ESTATE . SINCE MY FATHER JUST PAST AWAY IN MAY 10,2013 .

    I JUST NEED FIND OUT HOW BE BE ABLE CHANGE THIS .SINCE I DON'T HAVE ALOT OF MONEY AND THE BANK NOT LET ME GET MONEY OUT THE BANK AFTER THEY HAVE TOLD ME 4 DIFFRENT TIMES FROM DIFFRENT PEOPLE I COULD COME RE DRAW

    Dana’s Answer

    In order to become Personal Representative you will have to Petition the Court to appoint you. If the Will listed you as a back up, you would have to open a Formal Administration with the Probate court and you then would have authority to transfer the bank account into an Estate Account. If there is no Will, you can petition the Court to be appointed and if no one contests the same, it would likely you would be appointed.

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  • How can I find a car ,that was an estate asset in Florida , if they changed the title to another persons name instead.

    the owner was in the hospital and now the car is gone we have no id number or paperwork just where he lived and social security info etc death info Help !!!!!!!!!

    Dana’s Answer

    I do believe you should contact the DMV and they can help you if any car was improperly transferred using the persons name or possibly an address. They should be able to track title using the name and I would agree with my colleague that if a car was improperly transferred or stolen, you should contact the police.

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  • What do we need to do about a vehicle transfer without a signature on a will from legal zoom??

    My father passed away in Aug of this year from renal cancer- he and my mother did a will on legal zoom yet my dad got too sick too sudden and was unable to get will notarized with 2 witnesses prior to his death- my fathers wishes was to have his t...

    Dana’s Answer

    I am very sorry for your loss. If the Will was not signed prior to death, it would not be a valid devise of property. It would seem that probate will be needed to handle your father's estate. You can try to contact the DMV and see if they will allow your mother to transfer your father's vehicle to herself using his death certificate as his heir and then she can transfer the vehicle. The vehicle should be exempt from any claims of creditors.

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  • Death letter of administration

    I have one that was issued three years ago now the bank will not honor it

    Dana’s Answer

    Letters of Administration will need to be certified within sixty days for a bank to honor the document. You also would still need to be actively serving as Personal Representative and not have been discharged through the Court. You can request updated certified documents from your Attorney or the clerk of court.

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  • A unmarried man dies, no will, who inherits his mother or adult daughter?

    He actually own very little. Like a car and some tools

    Dana’s Answer

    His children would inherit all his assets equally. Assuming he only has one adult daughter as you have indicated, she would inherit everything. However if he had any children who died before him, their children would be beneficiaries.

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  • What to do when your parents are holding you against your will

    what to do when your parents are holding you against your will?what can i do to make them stop?

    Dana’s Answer

    This sounds more like a potential family law issue, civil law or criminal issue. You should post to Attorney's in that field for advice.

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  • Is it legal for a Creditor to Petition for Standard Probate?

    My mom died with a mortgage and no assets. Her Estate was opened in 2005 and closed in 2008. The creditor is trying to foreclose on the house. A filer petitioned for standard probate in 2011. It was rejected. Then the creditor petitioned to reopen...

    Dana’s Answer

    In Florida, a creditor can open a probate on their own behalf if they have an outstanding debt related to the estate. You should post this question to avvo attorneys practicing in D.C. As they would be able to advise you related to the law there, as every state is different.

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  • Hello... this cuestion is for an friend she have a old married boyfriend and he is 71 and she is 28 he told her about last will

    he said he will leave something for heron his last will but he do not have her real name and she ask him to put her son in his will not her and he said he cant do that because hi is minor child is that truth or his just lying???

    Dana’s Answer

    You can include minor children in a Will. You typically would include provisions to distribute over time to the minor and release at a certain age.

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  • Can any Florida lawyer do a memorandum of trust that needs to be filed in Oklahoma??

    I am trustee of my Mother's property in Okla. I live in Florida, have a contract on the house/land and she filed the trust in Okla. The title co. in OKla. tell us they need a memorandum of trust to complete the sale.

    Dana’s Answer

    I agree with my colleagues and would recommend you consult with the title company as to what they will need. You will need to have an attorney in Oklahoma prepare anything related to the trust since filed there and property in question is there.

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  • If I am unable to go from FL. to PA. to give a deposition, due to health reasons. Can I give a written deposition?

    My brother & I are contessing my Uncles will, & we live in FL. now & my uncle lived in PA.

    Dana’s Answer

    You would need to coordinate a telephone deposition with the Attorney that subpoenaed you for deposition directly. You should contact their office to explain any reasons you may have for not being able to attend on the date given, but should always follow the subpoena given. You also should hire an Attorney of your own to advise you related to the same.

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