My fellow trustees are refusing to reimburse me and are now in the process of selling the property.
You should have prepared a promissory note (and security instrument, as applicable) to evidence such a loan. If this wasn't done at the time of the loan, it may be possible to do so now.See question
The will was drawn up in 1992. I have since been divorced and remarried. My mom is still alive.
I agree with the above postings. Should the Will not be updated, the attorney you retain to assist with a probate administration will be able to resolve any name issues.See question
I am a 17 year old male, my parents moved to Texas and I am staying here but to stay in school here I need to change my legal guardian, what papers do I need and how do I get them?
I agree with the above posting. While the process is not necessarily complicated, you should contact an attorney to assist you, which might include a DPOA for Parental Rights, a HIPAA Release, and a Designation of Health Care Agent for Child.See question
The Estate account is about to close and I was told that there was around 56k in the account but it was going to be dispersed to creditors. I know the creditors have already been paid. We submited the proper advertisement in probate and it has b...
In addition to an initial inventory, the personal representative should file a statement regarding creditors. Further, you should be able to view items in the court docket (Statement of Claim/Satisfaction of Claim) that indicate the status of a creditor's claim. Last, prior to closing the estate, the personal representative will file (and provide you with a copy of) the Petition for Discharge and Final Accounting, by which you can see what's gone on financially.
I recommend a consultation with an attorney to help you understand the process and how to monitor the probate administration. It shouldn't cost more than approximate $250, and I think you'll appreciate the information you would receive from a competent attorney.See question
If I am the POA can I have some friend of mine go into her apartment so that he can take out articles that my deceased sister promised him to have? I am unable to travel to her apartment in Philly since I have health problems plus I have a diabet...
Agreed with the above answers - the POA (power of attorney) has expired.See question
I gave him a check ,, i have a copy of that check,, he even offered to pay interest, ,but he passed away a yr ago and she has made no attempt of trying to pay me back.
I would recommend you see an attorney about any rights you might have against the estate and filing a claim against it. While you'll need to consider the statute of limitations, you will need legal representation to proceed in this matter.See question
I'm named as Executor in her will, but only have copy of will, we don't know where original is.
Commonly you can submit a copy of a Will for probate, but will need additional documentation. Sometimes, however, you will not require an actual administration, but merely a copy of the Will, proper identification, and an affidavit from all beneficiaries to transfer title to an automobile.
I recommend you set up an initial consultation with an attorney who practices probate law in the state of the decedent.See question
My brother-in law was handling the estate and we feel that there are assets in that estate that should have been divided equally among the three children. How can my wife get an accounting so that she can get her fair share
The personal representative of an estate is vested with the responsibility of properly conducting the administration of the estate. Accordingly, the fiduciary must be prepared to report activity concerning estate property to the beneficiaries in the form of an accounting. Nevertheless, under Fla.Prob.R. 5.345, interim or periodic accountings are optional, unless required by the court. Only an initial inventory and a final accounting are required by F.S. 733.604, Rule 5.340 (inventory), and Rule 5.400 (accounting).
My recommendation is to hire counsel to monitor the administration of the estate and help ensure that the administration is proceeding in a timely and organized fashion. If you cannot find a local attorney, any attorney in Florida who handles probate matters can most likely handle this sort of matter for you.See question
There are 5 of us beneficaries to my step dads will. His only child, me and my 3 siblings. my mom passed 5 years ago. My brother wants to buy the house, all 5 agreed on a price in writing with the probate attorney, my brother almost has the mort...
If the Will grants the PR the power to sell the property, and the property is not the decedent's homestead, it may be possible to convey the property to your brother without your sister's signature. That said, you may have trouble finding a title insurance underwriting to write a policy for it. Regardless, sometimes there are multiple ways to "skin a cat"; however, you step-sister may also have alterior motives for why she is attempting to stall the sale.
I recommend you discuss with your attorney alternatives that might not be as "clean", but you are sufficiently satisfied with after examining the costs vs. benefits. Further, sometimes a simple escrow agreement can resolve these sorts of situations.See question
My girlfriends grandfather passed away and left his house to her in his will. She is the executor of the estate. She found out he was behind in payments contacted bank to find out what to do but they said they couldnt give her loan number for mort...
I'm in agreement with the above postings. Additionally, you should consider whether or not there is any equity in the property. It is always important to do a cost benefit analysis prior to sinking an excess of money into a legal matter. I highly recommend a consultation, though, to help determine your position.See question