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In Florida,doesn't a Homestead pass to the heir(s) outside of probate by law so you don't need to list it as part of the estate?
David's answer
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Answered on April 14, 2010
YES/NO. While the home passes outside of probate, its necessary to determine the home to be homestead within a probate. This can be done in a...
Can i put my mothers property in my name
David's answer
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Answered on April 11, 2010
Please don't listen to the PA lawyer as he is unfamiliar with Florida laws. Your mothers home is probably protected by Florida's Homestead...
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Archived
Can I Appeal a prehearin foreclosure?
David's answer
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Answered on April 10, 2010
Is this property located in Florida? Florida is a judicial foreclosure state and requires a lawsuit to be filed to do a foreclosure. You should...
Archived
Is an annuity with a death clause naming my sis and myself as the only beneficiaries free from Probate?
David's answer
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Answered on April 08, 2010
Assuming that the payable on death designations are valid, it should not be necessary to include this in the probate. There are some assets such...
Archived
Elective Share...My dad just passed and he was separated more than 20yrs, is she still entitled to 1/3? FL
David's answer
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Answered on April 08, 2010
Unless there is a pre or post nuptial agreement, your dad's spouse, even if separated is entitled to an elective share of the assets that are...
Archived
Trying to find out why a will was not probated with me listed as a beneficiary
David's answer
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Answered on April 08, 2010
While both of the previous answers give correct information, there is no requirement for an executor (the person named in the will) to open and/or...
Archived
Avoiding probate
David's answer
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Answered on March 25, 2010
Wow, Where to start, there are so many potential problems with what you are proposing. To know which would apply to you, more of your specific...
Archived
When may a will be contested?
David's answer
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Answered on March 23, 2010
You cannot contest a will until the person who wrote it dies. Once this happens and the will is filed with the court you can contest it.
Archived
What does this mean: 'Motion for summary final judgement of foreclosure and to re-establish lost loan documents'. ?
David's answer
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Answered on March 23, 2010
Yes the foreclosure is proceeding. You are probably talking with them about a loan modification, short sale or something else and they are...
Archived
Grandparents will is requested to be distributed not per stirpes what does this mean exactly?
David's answer
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Answered on March 23, 2010
per stirpes is defined, but not per stirpes could mean many things, it would mean per capita, or something else. You would need to review the...