Hollyn June Foster's Answers (1336)

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My step father and mother have been married for almost 20 years, however, he is not listed on her last will. What are his rights

Hollyn's answer | Answered on January 27, 2013

I agree your step-father would have elective share rights to 30% of your mother's estate no matter what the Will says. To answer questions...

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Right of survivorship vs. titled ownership regarding homesteaded property in Florida

Hollyn's answer | Answered on January 27, 2013

Your daughter-in-law needs to contact an attorney right away. If a foreclosure action commences your daughter in law will be named to foreclose her...

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How do I protect myself from exploitation by my heirs as I become less competent but not incompetent?

Hollyn's answer | Answered on January 12, 2013

It sounds like you have things pretty much under control. I assume your brother acts as your husband's successor trustee and his sister acts as...

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How do I remove cash, stocks, and bonds from an estate so it won't require probate without creating a trust?

Hollyn's answer | Answered on January 12, 2013

I agree that as joint owner upon your mother's death the assets would automatically pass to you; however, I am always hesitant for a child to be a...

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My father passed away and didn't have a will. Can I file summary of administration myself?

Hollyn's answer | Answered on January 10, 2013

Fla. Probate Rule 5.030(a) would allow you to represent yourself if you are the sole interested person, which it sounds like you may be since your...

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Does property deeded as tenants in common have to be probated?

Hollyn's answer | Answered on January 10, 2013

Yes. Depending upon the value of the property and your mother's assets a summary administration might be possible. This procedure would save both...

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