Under Florida law, a decedents personal residence becomes "homestead real property" upon his/her death. As a result, the property passes by...

Mother's Will

First, why do out of state attorneys attempt to answer Florida legal questions? Is it for the AVVO points? Some system should be put in place to...

Will, estate question...

I am trying to follow your fact pattern: - Dad died. Estate left to me. - Niece contested ? Whose will did she contest. - Mom's will (died...

First, the 3% fee is not the law and is subject to negotiation. It is presumed to be reasonable - nothing more. Many attorneys handle probate cases...

My mother passed away and I am her next of kin, may I use her personal bank account?

The simple answer is "no." Unless your name was listed as a co-account owner or as the account beneficiary you may not utilize the account funds. ...

Can a will be admitted to probate in a Florida sunmmary administration where one witness has died, the second cannot be found

If the Will was validly executed, I presume you are missing the attestation clause. That being said, since it was a properly executed will you can...

Does a car that was given to a family member a fews days before there death belong in the assets of the estate?

What you are describing is a completed gift from dad to grandchild. If dad signed the title, and son registered the title in his name you have a...

Does a widower have living rights after the wife dies if she owns the home?I've taken care of her since she has been sick.

Assuming you are legally married, under Florida law you will be entitled to the following: (i) life estate in the "homestead" residence; (ii)...

Can a person claim to be a legal heir if they were legally adopted by someone else?

Under Florida law, since the child was legally adopted they no longer are considered an heir of the decedent. They have no standing or rights of...

Another Probate Question...

While the probate process can take a long time, under certain circumstances, you need to retain a lawyer to inquire what is taking so long to...

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