I was named the executor of her estate, but he forbid me from staying at her home while I visited her in the hospital. Now that she has passed, I want to go to Florida to make arrangements to sell her house. Can he keep me from staying at her house?
There are several questions before I could give you a clear answer, but assuming it was your mother's homestead, and there was not a Will leaving it to your brother then the answer is probably know. I would suggest calling a probate attorney to further explain this.See question
My father just died . He had a will and left me and my siblings that was from a previous marriage money among other things . My step mother says we get nothing and it's all hers . She tried to keep us from him while he was alive .
It all depends on how your dad's assets were titled when he passed away. Joint assets between he and your stepmother would pass automatically to her when he passed away. I would suggest contacting a probate attorney to discuss this further.See question
Hello I'm basically trying to figure out how will I go about getting a letter of administration. Will I need a attorney? What documents will I need to provide? and any other information I could get on getting the letter. Thanks for your time.
You will need to consult with a probate attorney who can help you open the estate and have a Personal Representative appointed. Once an estate has been opened the Judge will sign Letters of Administration. You will need the original Will if there is one, a certified copy of the death certificate without cause of death and names and addresses of all of the beneficiaries of the estate.See question
My husband died without a will and no children we have been separated for 5 years but not legally I able to pick up the car we had together but is in his name?
If the car was just in his name and not in your names jointly then you will need to consult with a probate attorney to walk you through the process regarding taking possession of the car. There are many factors that go into answering your question. Again I would suggest consulting a probate attorney regarding this.See question
Does dads 50% interest get split to give 2nd child 25% automatically?
Assuming the property was the father's homestead, and assuming neither of the children are minors (under age 18) and assuming there was no surviving spouse, then the child who owned the property as tenants in common with dad owns an undivided one-half interest in the property. Dad's half will need to go through probate and will pass 50% to each child. So the one child will own 75% of the property and the other will own 25%. If I can answer any other questions about the probate process please feel free to call me.See question
my mother died sep 15. my brother is executor of will. i asked to see will and was never shown. he informed my sister and i that there was 28 thousand dollars in bank, but since he is unemployed he would live off that money until he finds a job th...
Yes. You need to immediately consult with a probate attorney and move to open the probate and be appointed as the Personal Representative. If he is named as the PR then you will need to present evidence as to why someone besides him would be appointed. You need to lock down the assets as quickly as possible.See question
The only thing in my mother's estate,is her home.Do i have to go through the long drawn out process of probate,for one item?
If the home is titled in her name solely then you will need to do a probate to transfer it into the names of her beneficiaries. There are two different types of probate in Florida. If homestead is the only asset and she did not have any creditors then you can do a Summary Administration. A probate attorney can advise you on all of this.See question
If you die in the state of Florida and want your estate to go to charity, how do you write out a short will that will be legal and the estate, after taxes will go to your favorite charities, thank you!!
I suggest that you contact an attorney that practices in the area of estate planning to prepare a Simple Will for you. I would not suggest doing your own Will as that can cause many problems down the road.See question
She had no will or executor, but wanted me to have her house and property. My mom and uncle (she only had two kids) don't want the house or property and are both ok with me inheriting it. Only her name was on her debts. No probate case has been o...
Your grandmother's house will not be subject to creditor claims. Your family will need to contact a probate attorney to discuss the process to transfer it to her heirs. It will pass under the Florida Intestate statute which deals with estates when someone passes away without a will.See question
Husband and wife living in Florida. Wife died, and nearly every asset was joint (except vehicles), or named husband as beneficiery. Exempt Property under Florida Statutes section 732.404 says that the two vehicles - worth about $7,000 total - in ...
You need to record the Will in the public records of the County he lived in when he passed away. There is a Florida law that says that the Will should be deposited within 10 days of death. You will not get in trouble for not doing that, but that is what the statute says.(904)366-2703See question