My mother lived and passed away in Florida. She has a CD with about $3,500. I'm now in VA. How do I get CD funds released?
David's answer
|
Answered on June 01, 2015
Sounds like you need a summary administration. There is one other option if there were funeral expenses in excess of the $3500 you can use an...
Archived
Who has the right to my sisters ashes, my mom or her kids
David's answer
|
Answered on June 01, 2015
There is actually case law on this. Ashes are "quasi personal property" and the next of kin has rights to them, but they do no have the right to...
Archived
What is the last step of probate after financial clearance?
David's answer
|
Answered on June 01, 2015
Depends on the type of probate. Publication is typically one of the initial steps except with a summary administration where after notice and...
Archived
What type of attorney could help me put together a living will and trust?
David's answer
|
Answered on June 01, 2015
Each person's circumstances are different. Often trusts can provide what you are looking for, but there are other ways of doing this with a...
Archived
Is a protector of a trust recognized in the state of Florida?
David's answer
|
Answered on June 01, 2015
Anyone considering a "trust protector" should not be looking at legal zoom.
First, it is the middle of 2015 and not 2012 and second, just because...
Archived
Can I sue the trustee of my grandfather's estate to force him to provide a financial accounting?
David's answer
|
Answered on May 31, 2015
You have a right to an accounting. You might also seek to remove him. You should talk with a trust litigation attorney to pursue your rights.
Archived
IS THERE A SET % OR $ AMOUNT BY LAW IN THE STATE OF FL, FOR THE EXECUTOR OR TRUSTEE FOR HANDLING THE ESTATE?
David's answer
|
Answered on May 31, 2015
The fees vary and there are recommended fees in the FL statutes. For Probate assets the suggested fee is 3% of the probate assets and for trusts,...
Archived
My stepmother died in NV, five days later my father shot himself in the head. Neither has a will.
David's answer
|
Answered on May 31, 2015
You should post this under NV or use the search function in AVVO to find a NV attorney
Archived
How do I prove that my Mortgage has -priority over Subsequent Mortgages/Liens or Encumbrances
David's answer
|
Answered on May 27, 2015
Priority typically depends on the order that the security agreements are recorded. A real estate attorney should be able to clear up the indexing...
Archived
Can a self-settled trust be drafted when your house is going into foreclosure?
David's answer
|
Answered on May 27, 2015
Yes, but it would not protect the home from the foreclosure. In addition, it may make it easier to have the bank make claims against other assets...