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Jeramie J. Fortenberry

Jeramie Fortenberry’s Answers

121 total


  • I would like to know how to change a deed in Florida.

    My parents recently passed away and, in their will, they left a condo in Manatee County to my brother and me. We would like to transfer the deed to our names and use it as a vacation home.

    Jeramie’s Answer

    There's a process called "probate" that does just that. You've got two primary options in Florida: formal administration and summary administration. Summary administration is less expensive, but is only available if the deceased person's estate is worth less than $75,000.00 or if the deceased person has been dead for more than 2 years.

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  • I am my mom's executor and I need to get a copy proving that I am, so where do I go to get it?

    A friend of my mom has passed away and she was his benificary and now that she has passed away I become the benificary of him being that I was my moms executor.

    Jeramie’s Answer

    I think you're confusing the roles. A beneficiary is someone who inherits property under a Last Will and Testament. An executor is someone appointed to handle the administrative matters connected with admitting the Last Will and Testament to probate. The two roles are not identical. The executor may or may not be a beneficiary. As to where to find the will, there's no easy answer for that. If it was admitted to probate, it would be in the court records. If not, it may be with the attorney who prepared the will. If not, it may be among the deceased person's belongings. There isn't a national or even statewide registry where all wills are filed.

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  • Is there an easy way to claim dividends that were found in Michigan's unclaimed property department?

    My father has been deceased for 21 years and we found some dividends in Michigan's unclaimed property department. I have proof that he owned the stock, his death certificate, his paid funeral bill and the last 4 digits of his ssn. Since he was a C...

    Jeramie’s Answer

    This is a matter of Michigan (not Florida) law, and James Frederick is your guy. He will probably respond to this post, but if not you can view his profile using the link I provided below.

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  • How do I contest my father's will when it was just put in probate 12/4/12 and it is a fraud?

    My younger sister just entered into the courts and she stated that he left me a 1.00. There is no clause for contesting and the signatures are a fraud. The will was dated for 2005 and he was living with me then, also she had a sworn complaint brou...

    Jeramie’s Answer

    You hire an attorney. That's the way to contest a will.

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  • I have a second RENTAL income property - freehold and no mortgage in UK besides my main residence.

    wish to transfer/give half to my son. What minimum legal procedures are required for this transaction. NB: do not want to gift away under 7 year IHT rule but will pay CGT.

    Jeramie’s Answer

    This sounds like a question of British law. There is an attorney named Kevin Michael Burke with American Attorney Services that handles British law and is also licensed in Florida. I haven't worked with him enough to give a personal recommendation, but that is where I would start.

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  • MY GRANDMA DIED,AND MY DAD TWO UNCLES,AND MY AUNT WOULD NOW OWN 1/4 OF HER HOUSE .MY DAD ,AND I LIVE HERE WILL WE HAVE TO LEAVE?

    WILL WE HAVE TO LEAVE MY GRANDMAS HOUSE.EVEN THOUGH NO ONE ACTUALLY OWNS THE ENTIRE HOUSE.PLEASE HELP.

    Jeramie’s Answer

    You won't have any rights to the house while your father is alive (unless he transfers them to you). But your father should be able to live there (as could any of his siblings).

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  • My mother passed away without a will. Her husband passed away just before she died.

    We have had no luck getting her personal items (car, furniture, pictures, etc.) that are even listed as hers in the husband's will. The probate attorney's office will not answer our questions. I cannot afford to fight this. What is my best opt...

    Jeramie’s Answer

    Your question isn't clear. Who does the "probate attorney" represent? Your mother, or her husband?

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  • Is there anything to be done in Florida after probate is over & funds distributed if there was fraud, theft and undue influence?

    The original will split the estate equally among, myself, mother & 6 other relations. My mother drafted a new will shortly before my grandmother was incapacitated. She drugged her & me to get her to sign (& me to witness) a new will making her sol...

    Jeramie’s Answer

    I agree with my colleague. Once you get to a certain point, the milk is already spilled and there isn't much that can be done, especially if you already participated in the prior proceeding. You should talk to an attorney immediately if you believe that you have a case.

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  • My father recently passed away leaving my sister and i co executors and now theres an argument for his house.

    we are left to split everything between us and no intrusticons on how..... my father has told many ppl that the house was meant for his granddaughter and i but it was never written down could i have witnesses to this sign an affidavit and it be co...

    Jeramie’s Answer

    A lot depends on what your father owned and how the assets were titled. I have added a link below that will help explain how this works. Mississippi doesn't recognize verbal wills. Unless you can produce a document, signed by your father, that meets the "testamentary formalities" under Mississippi law, your father will be treated as having died without a will.

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  • How do I get a house in my name after the death of my spouse? What is the least expensive route to take?

    We were married 43 yeasrs at his death 01/2007. We have 3 daughters. We also had a will that gave me everthing it was witnessed and notarized. The will was not filed with the clerks office. I want to claim widow exemption on our property tax, ...

    Jeramie’s Answer

    Since it has been more than 2 years since your husband's death, it sounds like summary administration may be a good fit. It is less expensive and can be handled more quickly than formal administration. You can read more about this option at the link below.

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