Archived
My brother is personal representative in probate over house/property.How and when is money portion distributed to siblings ?
Joseph's answer
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Answered on January 08, 2012
The court does not divide or issue the checks in a probate case. The personal representative is not obligated to make a partial distribution. The...
Archived
Question for Florida and New York probate/trust attorneys
Joseph's answer
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Answered on January 08, 2012
I would guess that most trusts require the trustee to pay the debts of the deceased before making final distribution to the heirs. The difference...
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Archived
In the probate of an estate in Florida, can the Personal Representative also act as the Trustee and be the primary Beneficiary?
Joseph's answer
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Answered on January 08, 2012
The naming of the second Trustee would be controlled by the Trust document language.
The Trustee, PR, and beneficiary can be the same person of...
Archived
What are the requirements or the process for any alternative probate methods or ancillary probate administration in Florida?
Joseph's answer
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Answered on January 05, 2012
In addition to above answers and information-all assets in a deceased persons name without a named beneficiary require probate. Once the probate...
Archived
My sister died unexpectedly, and never updated life insurance beneficiary.
Joseph's answer
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Answered on January 03, 2012
Sorry-the answer is NO. This is a good time to encourage everyone to check all their beneficiares on retirement and insurance products as well as...
Archived
Does an irrevocable trust need to be registered in Florida
Joseph's answer
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Answered on December 30, 2011
Without review of the document-I would guess-NO.
However-it would be best to have Florida attorney to review and advise.
Archived
How do i find out where a will is if it is not in probate
Joseph's answer
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Answered on December 30, 2011
Other than the above answers-you can advertise in local Florida Bar Association's(Orlando) newsletters asking if any attorney had prepared the will...
Archived
I jus recently found out my home has been assigned for forclosure after one of their reps told me I could stop making payments
Joseph's answer
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Answered on December 30, 2011
You need to have an attorney represent you immediately. I hope you have a written trail of communication and not just verbal phone calls.
Try to...
Archived
Florida: probate accounting
Joseph's answer
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Answered on December 30, 2011
Thanks for question. The accounting can be prepared by Attorney, CPA, or personl representative or any other qualified person. It should be...
Remove my name from heir property
Joseph's answer
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Answered on December 29, 2011
You can disclaim your interest as stated in first answer but then it would be distributed as if you were deceased(maybe your children). The...
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