Archived
My mom and dad are gone 6/09. the will has me next, my brother has a friend living in the home. can i remove this friend?
David's answer
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Answered on November 19, 2009
This is a complicated issue and requires more details. You should discuss it with a Florida Probate Attorney to see who owns the house and what...
Archived
In probating an estate, do or should attorneys and accountants charge fees against individual beneficiaries
David's answer
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Answered on November 18, 2009
Generally these fees are paid by the estate but a trust or other document can change who's responsibility or whose portion pays these fees.
Archived
Father died a month ago. Still waiting to her from step mother1
David's answer
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Answered on November 18, 2009
You can request a copy of it. There is more information on this in the Florida Probate Handbook.
Does an Order of Summary of Administration have to be filed by an attorney or can it be filed by the beneficiary?
David's answer
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Answered on November 18, 2009
As long as he was the only beneficiary, some probate courts will allow him to file the papers himself. In many counties in Florida, the courts...
Archived
Does a will need to be witnessed and notarized in order for it to be valid in the State of Florida?
David's answer
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Answered on November 18, 2009
One of the requirements for a valid will in Florida is that it be signed in the presence of two people that see each other and the testator sign...
Archived
In FL, if there is a will do the assets need to go through probate to have property transferred to the surviving spouse?
David's answer
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Answered on November 17, 2009
While the answers above are correct, they do not appear to address your question which was dealing with property owned as Tenants in Common. This...
Archived
In order to protect personal assets such as a residence, a Living Trust would have to be established how many years in advance
David's answer
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Answered on November 17, 2009
While a Living trust does not protect assets (typically), your home is protected if it is your homestead. As a homestead in a trust, there is no...
Archived
Who owns the property?
David's answer
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Answered on November 17, 2009
You should contact a foreclosure defense attorney to stop the foreclosure and see if you have any defenses to their action. Often we find that the...
Archived
Selling off parts of house before bank takes possession
David's answer
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Answered on November 17, 2009
If you remove items that belong to the home, then you have committed a crime. While the bank cannot come after you criminally, the state can. The...
Archived
Is a mortgage on a property more valuable than a judgement against the same property ?
David's answer
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Answered on November 17, 2009
You would have to look at the chain of title. If they are claiming this, you should contact your title insurance company and let them investigate...