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Joshua Eli Adams

Joshua Adams’s Answers

739 total


  • One estate inheriting from another, does the probate estimated value get combined when listed on petition of inheriting estate?

    Two estates are being opened pretty much simultaneously; one estate (more recently deceased sister's estate) is inheriting from the other. In Pasco County FL, does the person filing the administration petition for the estate inheriting from the o...

    Joshua’s Answer

    It does sound like the Florida estate will be increased based on the money from the first estate. That would typically increase the value of the estate and hence the fees for the attorney, if that was the basis of the question, based on the statutory guidelines for reasonable fees in Florida. However, those are simply a guideline. Many attorneys will increase or decrease fees based on the complexity of the probate. I would advise you to discuss these issues with one or more experienced probate attorneys. There are plenty to speak to on this site.

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  • How much will the whole probate process cost,attorney and court if is me and 3 surviving sons of my decease brother, simple prob

    What is the approximate % of attornies fee if my mother left one paid home of aprox.for 79ks and the other owes 92ks and is worth 80ks in the probate process in Florida?

    Joshua’s Answer

    As a general rule you should assume approximately 3% not including extra-ordinary fees. Amounts owed in the property shouldn't be factored in. Some lawyers may charge a bit more or less. The legislature has weighed in on what they believe reasonable probate fees are and some firms just stick to that statutory presumption. With most attorneys right at or near the same statutory guideline, be sure to find one experienced and who you trust, can meet with, and discuss these issues. Don't shop around too much, as plenty of attorneys will do probate who don't necessarily have the experience.

    You can see more about the statutory guideline for fees on my website. http://www.joshadamslaw.com/probate.html

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  • Where can I speak to a good not expensive probate lawyer?

    I am a 23 year old male and I would like to write out a living will or last will and testament. Including bequeathing my assets and maybe power of attorney and life and death decisions like DNR and feeding tubes etc. I am not married nor do I have...

    Joshua’s Answer

    If you are willing to pay about $500 you can probably find a good lawyer on this site for these services. Review some websites, speak to a few people.

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  • Can I bypass my sibling and begin probate?

    Parent passed away several months ago. Older sibling was named to execute Last Will and Testament. Older siblings lawyer just dropped them due to their lawyer stating sibling cannot bond out. I am going to hire a lawyer to begin formal probate. Go...

    Joshua’s Answer

    Yes, you can hire a lawyer and file for administration. However, since your brother was named as personal representative, you'll have an uphill battle convincing the judge why you should be appointed if contested by your brother with a competing petition. A little difficult, but not impossible. Also, there is a judge in that area known for requiring all PRs to post bond, even when specifically waived in the will.

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  • What is the right choice of probate for me? Summary or Formal.

    My brother passed away and I need to initiate litigation agains't his former business partner. My current probate attorney told me he can open a Summary Administration probate for me, but I recently read that this type of probate doesn't appoint ...

    Joshua’s Answer

    As the other attorneys stated, you'll need to do a formal in order to file a law suite on behalf of the estate. Perhaps you should find a new attorney. I would suggest a probate firm with experience in litigation.

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  • Can someone please answer my Trust n Will questions, they are specific

    I am Beneficiary, entangled in a mess of Probate and Trusts issues, but I will try to keep my questions to the point. 1. Deceased Fathers Trust (12yrs ago) , I was told was never funded his Trust, which until now through discover his wifes/ step ...

    Joshua’s Answer

    Your question would likely require reviewing trust and other estate planning documents and possible court pleadings as well as possible legal research. If this is something important to you and financially viable, I would suggesting retaining a probate and estate planning lawyer / probate litigation lawyer to get started.

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  • How to close a bank account of a parent that has passed away with no will in Pinellas Fl with under 75000k?

    My husbands mother passed away Oct of 2013. He is an only child and his mom was divorced. This week His grandmother sends us two of his moms bank account statements that have a total of 19k in them. His mother lived and opened the account in Flori...

    Joshua’s Answer

    Sounds like a good candidate for a summary administration. I recommend contacting a florida probate law firm about this process. Most firms charge a reasonably low fee for this process and if the only asset is cash in a bank, may agree to hold their fees till you have a court order and assess to the funds.

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  • If a home is in intestate due to the owner passing away and not having a will, can the survivor rent out the property during

    wait to sell the property which could take 5-7 years?

    Joshua’s Answer

    You have no legal status, assuming you are not on the deed, until you file a probate action. The best practice would be to file for probate and to get the property legally transferred. If the property was a homestead and there is little other property and creditors, this may be a fairly easy process. I recommend speaking to a probate lawyer about the details.

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