How is real property transferred in a Summary Administration if there is no Personal Representative appointed?
Marc's answer
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Answered on November 06, 2013
The Petition for Summary Administration should list all of the probate assets. If the real property was "Homestead" real property it would be...
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My friend died and they cant locate a living kindred can i claim his personal things in his house? can i go there and take want?
Marc's answer
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Answered on November 06, 2013
DO NOT TOUCH ANY OF HIS ITEMS. They do not belong to you. It is not the obligation of the Police to locate his heirs as there is a process through...
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Dad passed. House in Mom and Dad's name still. Mom wants me to have house. She does not have a will and I also have a brother.
Marc's answer
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Answered on October 17, 2013
Your Mom is correct that if she puts both of her children's name on a bank account it will pass to them. What she is not considering is that if...
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If a deceased person added persons name to checking and savings and they are executor of the will can they say the will is void
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Answered on September 13, 2013
Jointly titled bank accounts are not probate assets and do not pass under the terms of a decedent's Will. They pass solely to the joint account...
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When my mom passes does siblings have rights to know monies spent in account if they're not beneficiaries?
Marc's answer
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Answered on September 12, 2013
The holder of a Power of Attorney (POA) is a fiduciary and an obligation solely to your Mom. Since only you and your brother are the designated...
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How does a successor trustee obtain property ownership?
Marc's answer
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Answered on September 11, 2013
The summary judgment and the certificate of title are not void due to a change in the Trustee. You may want to consider recording a copy of each...
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How do I know an executor will have the will read and spend all the money
Marc's answer
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Answered on September 11, 2013
First, my condolences on your loss. Second, attorney's no longer conduct a reading of a Will anymore (have not heard of it in 30 plus years)....
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Can you be paid for being a guardian of a minor's property if you are their parent, in FL? Can you them on a vacation, etc.?
Marc's answer
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Answered on September 10, 2013
You are entitled to an annual fee for serving as a guardian. It is subject to court approval. It is not typical for a parent to request a fee for...
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I WANT TO DRAW UP A WILL, MY RESIDENCE IS IN Florida BUT HAVE HOME IN NJ TOO.
does IT MATTER IF I DO IT IN NJ OR FLORIDA?
Marc's answer
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Answered on July 08, 2013
The Will should be drafted in Florida, your state of residence. However, since you own real property in multiple states, you should consider...
In the state of Florida can a felon be an executor of a will?
Marc's answer
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Answered on June 25, 2013
As a felon you are statutorily excluded from serving as the Personal Representative for the estate.