Archived
Does a second wife have any recourse when everything is being left TOD to the husband’s two children from the first marriage?
David's answer
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Answered on October 24, 2017
Elective share - you are entitled to 30% of the entire elective estate (all assets husband had a right to prior to death) unless there is a pre or...
Archived
If you don't have an asset at the time of death is recoverable by the state ?
David's answer
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Answered on October 24, 2017
If your mother died before this other person, the monies left to your mother will probably skip her unless they were left to her or her estate. If...
Archived
Can a lien be placed on my daughter's and my home to collect credit card debt when I die? Jointly owned bank accounts?
David's answer
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Answered on October 24, 2017
Recommendations to hire a probate, estate planning or real estate attorney without an answer.
Anway, if it is your homestead the answer is NO...
Archived
How much is a trustee entitled to as far as fee's are concerned? Is the amount based on a net amount or a gross amount on such ?
David's answer
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Answered on October 20, 2017
Only entitled to fees on probate assets, typically the homestead is not a probate asset and if the life insurance has valid beneficiary...
Archived
Probate court hearing notice records
David's answer
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Answered on October 19, 2017
Depends, most notices are available for attorneys to view or request access to but not to individuals.
What is an amended petition for administration?
David's answer
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Answered on October 18, 2017
The petition has changed so it is called amended. The change is the will. You said you filed a petition without a will and now a will has been...
Archived
Which form do I need?
David's answer
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Answered on October 18, 2017
It depends on the value of the life insurance policy. Typically if the value is less than$6000 and more then the cost of burial, you can do the...
Archived
Is it necessary to file a will if there are no probateable assets?
?
David's answer
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Answered on October 17, 2017
Florida statutes state that the custodian of the will has 10 days from death to file the will with the probate court, there is no exception for...
MY WILL AND TESTAMENT HAS MY ADDRESS LISTED IN NEW YORK, NOW I LEAVE IN FLORIDA, DO I HAVE TO CHANGE THE ADDRESS?
David's answer
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Answered on October 16, 2017
No, but you may want to update your documents to take advantage of things Florida has that were not available in NY like homestead protection. In...
Archived
If Estate PR or Administrator gets Certified letter addressed to the deceased from unknown sender ie PO Box should PR accept it?
David's answer
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Answered on October 16, 2017
Yes the PR should if possible get certified mail to learn more about the estate and be able to complete their duties