THE ANSWER IS GENERALLY NO. EVEN IF THE POWER TO CHANGE BENEFICIARYS IS IN THE DURABLE POWER OF ATTORNEY, THE CHANGE MUST BE IN THE INSUREDS BEST...

Does Florida probate need to be wrapped up within a year of opening administration, with no taxes to be filed??

AN ESTATE SHOULD BE WRAPPED UP WITHIN ONE YEAR. HOWEVER IF NECESSARY AN EXTENTION MAY BE OBTAINED. YOU MENTIONED THE ESTATE IS VERY LARGE, THE...

THE HOMESTEAD IS NOT REALLY PART OF PROBATE, IT WILL PASS DIRECTLY TO THE HEIRS WHEN THE ORDER DETERMINING HOMESTEAD IS SIGNED. THE PERSONAL...

My older sister did not file our mom's Will within the 10 days required by FL law. Does her Estate go into to probate?

THE WILL SHOULD STILL BE PROBATED. I DOUBT A COURT WILL PREVENT YOUR SISTER FROM BECOMING PERSONAL REPRESENTATIVE FOR THIS, THE QUESTION WILL BE...

IF THE HOUSE IS IN JOINT NAMES OR IF IT IS JUST IN YOUR FATHERS NAME AND IF THE PROPERTY WAS YOUR FATHERS HOMESTEAD AT THE TIME THE MORTGAGE WAS...

May my brothers and I contest our father's Will if we do not believe he wrote it? It is a Florida Will, but he lived in Georgia.

YES YOU MAY CHALLENGE THE VALIDITY OF YOUR FATHERS WILL. IT MAY REQUIRE GETTING A HANDWRITING EXPERT. YOU WILL ALSO NEED TO LOCATE THE PURPORTED...

THERE ARE MANY FACTORS TO CONSIDER. IF ENOUGH FACTORS ARE PRESENT THEN THERE WILL ARISE A PRESUMPTION OF UNDUE INFLUENCE. THAT SWITCHES THE...

You should see an attorney as soon as possible. In Florida there is a line of cases regarding virtual adoption. So even if she is not your...

Is Probate ABSOLUTELY necessary?

Probate is necessary. However you may qualify for summary administration. iI's available if the assets, other than the homestead, are less than...

IT IS GOOD PRACTICE TO NAME ALL YOUR CHILDREN IN YOUR WILL AND TO SPECIFICALLY EXCLUDE THE CHILDREN YOU DON'T WANT TO INHERIT. IF ANY CHILDREN ARE...