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HELOC left off of estate final accounting--received demand letter for immediate payment of principal after estate closed
Marc's answer
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Answered on April 21, 2016
Your question has multiple components to it. First, since the HELOC was solely in your mother's name at her death, a creditor notice should have...
Archived
Probate
Marc's answer
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Answered on April 15, 2016
Technically, ownership of the residence (if it was her Homestead) passed to the grandson upon her death. The residence can be rented and the...
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How can I get control over the house to make sure it doesn't get completely destroyed?
Marc's answer
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Answered on March 01, 2016
As your sisters Power of Attorney you can maintain her home and use her personal funds to accomplish this objective. If she has no funds, I would...
Do Florida Estate/Probate lawyers usually charge a flat fee or percentage?
Marc's answer
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Answered on February 19, 2016
Every Florida Estate/Probate lawyer is different and some charge a flat fee and some a percentage fee. On a percentage basis, depending upon what...
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For reimbursement for administrators expense. Is it requires to submit a statement of claim to courts?
Marc's answer
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Answered on February 19, 2016
If you two are the only beneficiaries and agree as to the reimbursement amount then you can freely take it. If not, I would first obtain the...
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What happens if the deceased’s domicile is FL and the assets subject to probate are under $75,000 but she owns a house in NY?
Marc's answer
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Answered on February 16, 2016
What that means is that the true value of her estate does exceed $75,000 (including the value of the NY home). Instead of being able to utilize...
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What could possibly be the reason my sister will not sign the receipt of discharge for my aunts guardian?
Marc's answer
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Answered on February 16, 2016
Seems like a waste of court time. However, unless your sisters actions can be explained, they will make her appear badly before the Court. You...
Archived
Probate Attorney Refusal to Submit an Updated Invoice, or Report
Marc's answer
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Answered on August 23, 2015
Every attorney-client relationship can be different. I would look at the terms of engagement to determine how often the attorney is required to...
Lawyer wants $10,000 up front for will contest. I asked for payment schedule . He has not returned my email nor called me back.
Marc's answer
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Answered on August 18, 2015
Many attorneys request a large retainer to ensure they get paid for their efforts. It is not uncommon for probate litigation cases to be very...
Do I need lawyer for summary of administration?
Marc's answer
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Answered on February 17, 2015
You are correct that under Florida law an attorney is not required for the handling of a Summary Administration proceeding. Be advised that the...
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