My father had been remarried for one year when he died. His house was willed to me. How long can his second wife remain there?
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Answered on November 08, 2012
If the home was your father's homestead, his surviving spouse likely has a constitutional right (Homestead right) to remain in the house for the...
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Do I have to be an attorney to find out what is in a safe deposit box? Or find out how much in stocks was owned by a deceased?
Lee's answer
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Answered on October 08, 2012
Your relationship to the decedent is important here. Upon satisfactory proof of death (death certificate) Florida's banking statutes shall allow...
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How is an administrator choosen in florida?
Lee's answer
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Answered on October 05, 2012
As others have suggested, a majority of your siblings may select a personal representative. Additionally, Florida probate law provides that...
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My father passed away with no will. Can my sister and daughter petition to be executors.
Lee's answer
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Answered on September 20, 2012
Your sister and daughter are likely eligible to qualify as personal representative (PR). Once appointed by the court, the PR has the authority to...
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Is it necessary to have a will if you only have one grown child and what would the procedure be to sell a mobile home and a car.
Lee's answer
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Answered on September 09, 2012
Assets in your name individually will have to be probated. Accounts and other assets with beneficiaries (who are alive at the time of your death)...
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Does the State require that only an attorney can file the Will or can the Administrator of the Will file with the Clerk
Lee's answer
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Answered on August 27, 2012
Filing the will is merely the act of recording the will with your local Clerk of Court. Probating the will is the process by which your father's...
My mother is the grantor and trustee of her revocable trust, upon her death it will become irrevocable.
Lee's answer
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Answered on August 20, 2012
Your mother retains the right to amend the trust even after the successor trustee takes over. She retains this right for the rest of her life...
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I found online that my ex-father-in-law asked the court for Emergency Guardianship for my ex-mother-in-law.
Lee's answer
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Answered on August 13, 2012
As guardian, he will have the authority to deal with her property but it is not an un-checked authority. He must account to the court (unless the...
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My mother in law is mentally ill. She lives with her son and I, and sh is willing to allow us full guradianship.
Lee's answer
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Answered on August 11, 2012
With a physicians affidavit from her treating physician stating your mother has capacity, you may petition for a voluntary guardianship. This is a...
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Who get the property? My mom passed without a will and now we don't know who get the house.
Lee's answer
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Answered on August 04, 2012
Although I do not practice family law, I am unaware of any common law marriage property rights in Florida that would allow your mother's side to...
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