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Steven W. Ledbetter
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Steven Ledbetter’s Answers

133 total


  • How do I get the correct forms for a Legal Guardianship change?

    I am a 17 year old male, my parents moved to Texas and I am staying here but to stay in school here I need to change my legal guardian, what papers do I need and how do I get them?

    Steven’s Answer

    I agree with the above posting. While the process is not necessarily complicated, you should contact an attorney to assist you, which might include a DPOA for Parental Rights, a HIPAA Release, and a Designation of Health Care Agent for Child.

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  • I am residual beneficery of my Uncle's estate. Is it resonable for me to ask for itemized spending of the Estate?

    The Estate account is about to close and I was told that there was around 56k in the account but it was going to be dispersed to creditors. I know the creditors have already been paid. We submited the proper advertisement in probate and it has b...

    Steven’s Answer

    In addition to an initial inventory, the personal representative should file a statement regarding creditors. Further, you should be able to view items in the court docket (Statement of Claim/Satisfaction of Claim) that indicate the status of a creditor's claim. Last, prior to closing the estate, the personal representative will file (and provide you with a copy of) the Petition for Discharge and Final Accounting, by which you can see what's gone on financially.

    I recommend a consultation with an attorney to help you understand the process and how to monitor the probate administration. It shouldn't cost more than approximate $250, and I think you'll appreciate the information you would receive from a competent attorney.

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  • My sister died on Monday,January 23rd. Can I be the Power of Attorney since I am the only serving next of kin?

    If I am the POA can I have some friend of mine go into her apartment so that he can take out articles that my deceased sister promised him to have? I am unable to travel to her apartment in Philly since I have health problems plus I have a diabet...

    Steven’s Answer

    Agreed with the above answers - the POA (power of attorney) has expired.

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  • I loaned a friend of mine a large sum of money,, he passed away,, is his wife liable?

    I gave him a check ,, i have a copy of that check,, he even offered to pay interest, ,but he passed away a yr ago and she has made no attempt of trying to pay me back.

    Steven’s Answer

    I would recommend you see an attorney about any rights you might have against the estate and filing a claim against it. While you'll need to consider the statute of limitations, you will need legal representation to proceed in this matter.

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  • Can I get a Letter of Administration withour going thru Probate? I need to get her van in my name to renew plates.

    I'm named as Executor in her will, but only have copy of will, we don't know where original is.

    Steven’s Answer

    Commonly you can submit a copy of a Will for probate, but will need additional documentation. Sometimes, however, you will not require an actual administration, but merely a copy of the Will, proper identification, and an affidavit from all beneficiaries to transfer title to an automobile.

    I recommend you set up an initial consultation with an attorney who practices probate law in the state of the decedent.

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  • My mother in law died without a will. Her son was supposedly handling the estate. How can her daughter get an accounting.

    My brother-in law was handling the estate and we feel that there are assets in that estate that should have been divided equally among the three children. How can my wife get an accounting so that she can get her fair share

    Steven’s Answer

    The personal representative of an estate is vested with the responsibility of properly conducting the administration of the estate. Accordingly, the fiduciary must be prepared to report activity concerning estate property to the beneficiaries in the form of an accounting. Nevertheless, under Fla.Prob.R. 5.345, interim or periodic accountings are optional, unless required by the court. Only an initial inventory and a final accounting are required by F.S. 733.604, Rule 5.340 (inventory), and Rule 5.400 (accounting).

    My recommendation is to hire counsel to monitor the administration of the estate and help ensure that the administration is proceeding in a timely and organized fashion. If you cannot find a local attorney, any attorney in Florida who handles probate matters can most likely handle this sort of matter for you.

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  • Florida Homestead my step sister refuses to sign quit claim deed on her fathers house so I can sell it. I'm rep of the Estate

    There are 5 of us beneficaries to my step dads will. His only child, me and my 3 siblings. my mom passed 5 years ago. My brother wants to buy the house, all 5 agreed on a price in writing with the probate attorney, my brother almost has the mort...

    Steven’s Answer

    If the Will grants the PR the power to sell the property, and the property is not the decedent's homestead, it may be possible to convey the property to your brother without your sister's signature. That said, you may have trouble finding a title insurance underwriting to write a policy for it. Regardless, sometimes there are multiple ways to "skin a cat"; however, you step-sister may also have alterior motives for why she is attempting to stall the sale.

    I recommend you discuss with your attorney alternatives that might not be as "clean", but you are sufficiently satisfied with after examining the costs vs. benefits. Further, sometimes a simple escrow agreement can resolve these sorts of situations.

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  • Estate lawyer doesnt seem to do anything about house going to auction

    My girlfriends grandfather passed away and left his house to her in his will. She is the executor of the estate. She found out he was behind in payments contacted bank to find out what to do but they said they couldnt give her loan number for mort...

    Steven’s Answer

    I'm in agreement with the above postings. Additionally, you should consider whether or not there is any equity in the property. It is always important to do a cost benefit analysis prior to sinking an excess of money into a legal matter. I highly recommend a consultation, though, to help determine your position.

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  • May I submit a residential eviction for a property which I hold 50% ownership on?

    My son sold the deed (the note), mortgage to a friend who qualified for lower mortgage rate and quit-claimed the house 50/50 between himself and the friend. My son died, no kids, no wife, I adquired via probate case the 50% ownership of the proper...

    Steven’s Answer

    Many homes in foreclosure are being rented by the owners, and since the property owners are not paying the mortgage, a nice profit is earned.

    While it will take more than a simple eviction (probably) to obtain control of the property again, I highly recommend that you speak with the co-owner on this matter.

    To your question: an eviction may work (real world: they might not contest it); however, they may also have a valid defense if there is a lease agreement/permission from the other owner.

    I recommend you consult with your attroney.

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  • Can a homeowners associastion in Fl keep your son or daughter from living in your townhome?

    I own townhome in a home owners community. I an not living there now an want my son or daughter (adult) to relocate and live there to remodel and keep up the unit. No rent ,no leasing. Can the association keep one from living there?

    Steven’s Answer

    I agree with the above posted answers. The trick is to review the bylaws and CCRs.

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