So if the person who has to respond in 20 days is in the hospital and is incapacitated how does that work?
Andrew's answer
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Answered on June 20, 2018
The term "incapacitated" has a very specific legal meaning, so we need to be clear about how you're using the term. Has the person been judicially...
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Can petitioner for intestate summary administration & homestead status proceed, ignoring will directing another as per. rep.
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Answered on June 17, 2018
One of the primary purposes of the joinder, waiver, and consent form is to enable a beneficiary to consent to the relief sought in the petition. ...
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Filing a will and lawyers
Andrew's answer
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Answered on June 15, 2018
Given the relatively small value of the estate, it may qualify for "disposition without administration" which would eliminate the need for an...
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What should I take and what can I expect at the initial hearing of probate court?
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Answered on June 12, 2018
Florida Probate Rule 5.030: "Every guardian and every personal representative, unless the personal representative remains the sole interested...
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What happens to ownership of my house after 2 other co-signers die?
Andrew's answer
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Answered on June 12, 2018
As my colleagues have indicated, the language on the deed will determine what happens. You likely own the property as tenants in common, or as...
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Grounds to remove the personal representative of the Estate?
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Answered on June 11, 2018
Removing your brother as PR will not be an easy undertaking, as it would likely require a showing of some breach of his fiduciary duty. Generally,...
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Is Probate Court really a have to?
Andrew's answer
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Answered on June 05, 2018
From the facts given, it's not clear to me who died, or what assets are part of the estate. Are you the only beneficiary? If so, you MAY be able...
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My grandmother passed away with no will and she has 3 surviving children my 2 aunts and uncle.
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Answered on June 04, 2018
Assuming your grandmother left no property other than her vehicle, an exempt asset, and personal property worth less than the amount of her last...
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Can I make in Fl. a small estate affidavit in order to collect the life insurance for my aunt?
Andrew's answer
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Answered on June 04, 2018
Generally, when a person purchases life insurance, they name one or more beneficiaries to be paid at their death. This insurance policy acts as a...
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How do I file a Summary of Administration and complete Probate court without an attorney in the state of Florida?
Andrew's answer
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Answered on June 01, 2018
To be clear, holographic wills are handwritten AND signed only by the testator. Therefore, holographic wills are not invalid because they're...
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