Archived
Would it help to get a real estate/probate lawyer?
David's answer
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Answered on June 05, 2015
If the home was the homestead, it will not be available by the PR of the probate as the home will pass to the heirs ourside of probate. If the...
Archived
What documentation is needed to prove statue of limitation has been reached to prevent a foreclosure? I am the defendant.
David's answer
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Answered on June 04, 2015
This is unsettled law at this time. Payments are not the issue, it is when a valid notice of acceleration is sent. Right now, the law is not...
What happens if I refuse to sign a waiver of accounting, portions of petition for discharge and service of petition?
David's answer
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Answered on June 04, 2015
They will give you an accounting and the estate will have to pay the fees associated which may reduce the amount you receive
Archived
My parents have a trust fund for their children. If they should end up in a nursing home, can medicaid go after the trust.
David's answer
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Answered on June 03, 2015
Depends on the type of trust and when it was created / assets transferred to the trust. Generally they do not go after the trust, but the assets...
Archived
Florida probate question on home worth less than $75,000 - full probate or summary administration? homestead order?
David's answer
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Answered on June 03, 2015
As there are multiple beneficiaries, you will need to hire an attorney to file for a summary administration. Once you receive it, the home will...
Archived
My father died in 1999, The Public administrator buried him. There is money he left what s the best way to approach this.
David's answer
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Answered on June 03, 2015
Repost this in NY for NY lawyers to respond
Archived
What FL law requires a lawyer in probate proceedings over $75K w/sole representative/beneficiary? Please refer me to the law.
David's answer
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Answered on June 02, 2015
The law deals with the unauthorized practice of law. You won't find it under probate. There may be local rules on this depending on your court....
Archived
What makes a will valid. My father died two years ago and a "will" unknown to his children has popped up from a unknown source.
David's answer
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Answered on June 02, 2015
If it is admitted to the court and there are no objections, it will be presumed to be valid. It would need to be signed and witnessed among other...
Archived
I want to hire an attorney to finish the mess that the present attorney created.
David's answer
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Answered on June 02, 2015
You might terminate them in writing and ask the new attorney to do a substitution of counsel.
Archived
Attorney filed objection to claim for probate claim -what does our office (doctor) need to do now
David's answer
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Answered on June 02, 2015
You can waive your claim, or file a lawsuit - hire an attorney to review this for you. You have limited time
