Do I need to get small estate affidavit in collier county Florida?:
My husband just passed away and he has little amount of money with vanguard but no beneficiaries I have durable power of attorney and we have last will and testament ,when i called them they told me I need to send them copy of small estate affidavit do I really need it no problem with other issues cause its joint property .
thank you
Brantley’s answer: Yes, you will need to probate the account if there were no designated beneficiaries. As noted by the previous attorney, you can inquire about disposition without administration. Otherwise, it will be a summary administration.
Should I pay the taxes due on my deceased parents estate?: My parent passed away several months ago. My sibling who is the executor of the Will, failed to pay the property taxes due and it appears has pocketed the funds instead. Gotta love those siblings aye?! As things are taking a turn for a new sibling to take the role of executor of the estate, should the new executor go ahead and take care of the taxes out of pocket or, is that something that can be addressed with probate?
Brantley’s answer: If the person you call the "new executor" has already been given letters of administration and the estate has liquid assets, then he or she would want to pay the taxes out of the probate account. If he has not received letters of administration and fears the taxing authority will severely penalize or seek to foreclose, then he or she may want to consider fronting the money and getting reimbursed later. It sounds like there must already be an attorney involved representing the first personal representative. Does the second have an attorney? What about the remaining beneficiaries? I'd consult with an attorney sooner and later if you believe the personal representative is mishandling and/or stealing from the estate.
My question : Am I entitled to 3% of the stock (before I take my share) in addition to the 3% of the estate less the stock? :
I am the executor of Mom's estate...worth over 1 million...including a substantial amount of stock. I've decided to distribute the stock among the beneficiaries rather than sell it.
Brantley’s answer: I won't answer your question directly, but generally speaking, a personal representative is entitled to a reasonable fee that is paid prior to dividing up the assets to the beneficiaries. Use Avvo's attorney finder to pick an attorney with whom you are comfortable. If you already have a probate attorney, direct this question to him or her.