Archived
Hi, my father-in-law died in Florida this past January. He is survived by his second wife and his five adult children.
Joseph's answer
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Answered on June 05, 2015
I'm sorry forgot loss. Florida requires original wills be filed with the court within 10 days, and once filed is a public record. When a probate is...
Archived
My mother passed and left me and my brother a house
Joseph's answer
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Answered on May 22, 2015
You will have to reach out to an attorney in that area to see what they're billing policy is at the firm. They can work on your behalf and collect...
Archived
I was my uncles beneficiary - I was sent a letter from the city of ST Louis that he are holding a check in his name for past
Joseph's answer
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Answered on May 21, 2015
I agree with my colleague. If the check is written out to your Uncle or his estate, it will take some kind of probate/court order to be able to...
Archived
Hello
Does the executor of an estate have the final say in selling price of a house?
Joseph's answer
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Answered on May 21, 2015
You need to Ask a Massachusetts attorney so they can advise you of your probate options. In florida, if I didn't have everyone's consent to sell a...
Widow - FL Homestead Rights - is it abandonment?
Joseph's answer
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Answered on May 20, 2015
You have a complicated situation with several factors that will impact the answer to your question. You really need to sit down with an attorney...
When does a trust become effective. Is it when the person dies or when the trust documents are read?
Joseph's answer
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Answered on May 20, 2015
If it was a living trust, then the trust is already in existence and effective. If it is a will with a testamentary trust, then the trust does not...
Archived
Can a trust be formed to do the following:?
Joseph's answer
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Answered on May 20, 2015
You will need to sit down with an estate planning attorney that is familiar with the Florida Homestead rules. A trust may be drafted to hold real...
Archived
Do all wills in Florida need to be probated?
Joseph's answer
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Answered on May 20, 2015
All Wills have to be sent in to the court of the county the deceased was a resident of. Florida law requires a person in possession of the original...
Archived
In Florida how long does the executor of the will have to distribute funds to heirs?
Joseph's answer
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Answered on May 20, 2015
The personal representative has a reasonable amount of time to administer the estate. However, most courts in Florida expect a probate to be...
Archived
If a 50% partner resigns from an S Corporation by email, is that legally binding?
Joseph's answer
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Answered on May 19, 2015
You need to have a business attorney review the situation. There should be bylaws, operating agreement, and/or shareholder agreements that may...
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