Father died 15 years ago his land has been empty with no will how do i transfer deed into my name with me his only living son.: is it probate or is there another way
Kristen’s answer: In FL, this estate will qualify for a Summary Administration since your father died over 2 years ago. This is an abbreviated probate proceeding (no personal representative is even appointed & no notice needs to be given to potential creditors). The Court will issue an order retitling the property to the heirs who existed at the time your father passed away.
When Should you create a will and what is the best way to get started?: Just My husband and myself we have no children, we are both over 45 but under 50. We do not have a ton of possessions but we do both have a retirement plan and 401k savings. We have not written any type of Will. In our insurance policy we have named secondary beneficiaries if something was to happen to both of us.
Kristen’s answer: It really is never too early to sign a Will and your other estate planning documents like powers of attorney and health care directives once you become a legal adult (age 18 in FL). We each have a "window of opportunity" to do such planning and at some point, that window will close and we will no longer have that option, either due to a sudden death, illness, disability, etc. Unfortunately, I get calls every week from family members who want me to prepare powers of attorney for their loved ones but for a variety of reasons, it's too late (loved one now lacks sufficient mental capacity due to a stroke, accident, etc.). My rule of thumb for estate planning is Do It Early and Keep it Up to Date.
My husband passed away in December 2013.:
They are telling me that i can not touch the money he has in his bank account because he did not have me listed as a beneficiary . They are also saying that I cant have SSI and my widows pension.I need someone to please help me with this because i don't know what my rights are.Can you please help me?
thanks
Kristen’s answer:
If you are not joint on your husband's account nor the named beneficiary, the bank won't release the funds without a probate court order (either an Order of Summary Administration directing the bank to pay the funds to you or Letters of Administration appointing you as Personal Representative of your husband's estate). Unfortunately, the titling of assets and beneficiary designations sometimes slip through the cracks for clients in their planning, not realizing that it plays just as important a role as their Will or Living Trust.
As regards the SSI and widows pension, I'd need more info. before advising you. I suggest you retain a probate attorney to assist you in this.