Archived
My father died about 10 years ago, with a Will and I just found out that I may have 31k sitting in unclaimed funds?
Dana's answer
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Answered on February 24, 2014
I agree with my colleagues, you need to see if a Will has been filed in the County where he resided and if you are listed as a beneficiary and/or...
Archived
What happens if you cannot attend surrogate court regarding a probate citation, but sill want to contest a will?
Dana's answer
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Answered on February 17, 2014
You will need to address this question to an Attorney in NY for assistance, as Florida law will be completely different and you want to ensure you...
Archived
If I write my own will and have it notarized , is it legal ?
Dana's answer
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Answered on February 17, 2014
You never know what you don't know and it is very risky to create your own Will and ensure that your wishes will be followed. You really should...
Archived
Can you complete a new Durable Power of Attorney if there is already one in place?
Dana's answer
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Answered on February 06, 2014
I would agree with my colleagues. If your Father-in-Law has capacity, he would revoke the prior power of Attorney and create a new Durable Power...
Archived
How long does the personal representative status long/
Dana's answer
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Answered on January 29, 2014
You will most likely have to reopen the probate if you were in fact discharged as personal representative. It is a minimal filing fee with the...
Co-owned vehicle & survivorship
Dana's answer
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Answered on January 23, 2014
Title of the vehicle will govern, however FL has law that protects the surviving spouse and the DMV may be confusing the issues. Even if your...
Archived
Executor in NJ prison; I've received no notifications, nothing...what to do?
Dana's answer
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Answered on January 23, 2014
If the executor is in Prison, it would be likely he will need to be removed. If this Estate is being handled in Florida, you should consult with...
Archived
Does my family need to hire an attorney to settle my mom's will? She is debt free, the will equally divides amongst 4 siblings.
Dana's answer
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Answered on January 21, 2014
It is likely your family will need an Attorney to file for probate for at the very minimum your mother's real property. Going through the probate...
Archived
How long should it take for a will to be on file?
Dana's answer
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Answered on January 14, 2014
A will should be filed within ten days of death, so it may mean your grandfather did not have a Will. You can check the clerks website for the...
Archived
My wife is deceased (11 years ago) and her will was not probated. My (our) house is still in both names. Can I sell it?
Dana's answer
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Answered on January 07, 2014
The selling of the house should not be a problem and probate should not be required. The title company or Attorney handling the real estate...