My father passed away without a will. Has property in a different state that we, my mother and i, have agreed to sell. We had a buyer contact us and is waiting until probate issues are in order. I assured him the same amount of time the lawyer ass...
The residence address of the decedent, as shown on the death certificate, controls jurisdiction - not anything else.
If that is wrong, then you'll need to get corrected death certificates, which will take time.
If your lawyer did NOT file in the county of residence on the death certificate, then he should pay the filing costs because he should know better.
If he did not file in the county of residence shown in the death certificate, go back to the lawyer and demand that it be re-filed in the correct county now. Under those circumstances, he should pay the new filing fee of $412. (If he deposited the original Will in the wrong county, too, it will cost him another $230.) Take 2 more short form death certificates with you. Take a copy of the real estate contract, too. If you need an Order Determing Homestead Status, then tell him to refer to the contract in the petition and ask for it to be expedited. The court and clerk will accommodate to avoid you losing the sale.
If the death certificate is incorrect, then you may look forward to delays and additional expense.See question
My stepmother received a life estate to my father's home. My brother agreed to take that as his full inheritance, so he is the remainderman. My father owned the house outright but used a home equity loan to buy a car, since the interest rate was...
I, too, am sorry for the loss of your father. Please accept my sympathy. You reside in Tampa, and I'll assume that the property is located in the State of Florida, as well? If not, then disregard everything that I say. Your brother needs to retain an attorney. It does not matter what the money was used to purchase. The loan need not be a purchase money mortgage to attach to the home. The important fact is that your father borrowed money, and he gave a mortgage interest in his home in exchange for the borrowed money. The life tenant (your step-mother) is required to keep the home from "waste". That is, she must maintain the property in reasonable condition, and she must pay the taxes and insurance. There are some exceptions of major repairs, but that is not your question today. Regarding mortgages which are secured by the home: each payment consists of at least principal and interest. (If taxes and insurance also, then I have already answered that, and you know that step-mother must pay that portion of each payment.) Step-other must also pay the interest portion of the mortgage payments. Your brother is responsible for the principal reductions, as he is the remainderman, and when he takes title to the property, there will be a lesser debt/encumbrance on it. Suggest to your brother that he reach out to an AVVO attorney and get some one-to-one advice. It will be worth his while. Sounds like your brother's relationship with your step-mother may go on for some time, and he needs competent representation.See question
He brought investment assets into the marriage that were in his name alone. She owns a home outright which does not include his name on the deed. He has lived in her home for the entire marriage helping in some financial ways but not paying toward...
This is a good example of why such marital agreements, in Florida, must be in writing with two witnesses. That is the short, simple response. She cannot hold him to oral promises. The other lawyers are correct about the surviving spouse - whichever that may be - having rights, and among them is an elective share of the estate of the first to die. These are complicated, and do include a variety of assets, in addition to household personal property, a life interest in the homestead, and an allowance. She must speak with an attorney. This comment is not intended to be a substitute for personal, specific legal advice.See question
no additional details
Florida Statutes suggest 3% of the PROBATE estate, which does not include the homestead real property, if any, or other assets which transfer on death - up to the first $1M, reducing thereafter. You are entitled to additional reasonable fees for services performed managing non-probate assets. Fiduciary fees are taxable as income; therefore, if you are the sole beneficiary, then you may wish to waive, but are limited as to the time to make that declination to take your fee. This comment is not intended to be substituted for the advice of an attorney and/or a CPA.See question
home which is about to go into probate..it has not yet been registered in the courts..there is a trustee who has asked me and my sister to vacate the home within 3-days march 3rd is the deadline to vacate ..leaving only one heir in the home..my qu...
If the home was in your mother's name alone, and she intended to reside there permanently (e.g. Registered to vote from there; homestead tax exemption on the property); and if she was unmarried with no minor child when she devised it to another person, and if her Will did not instruct that it be sold and the proceeds deposited to her trust, then there is a good chance you are correct. The property may not even go into the probate estate, and the personal representative ( executor) may have no right to the property, either. Homestead devises in Florida are very complicated. It is worth your while to seek the advice of an attorney.. Complete details of this matter are necessary to direct you, and this comment is not intended to be a substitute for a legal opiniom.See question
my father passed away 4 yrs ago and only had a small checking account with no beneficiary. he did have a lot of debt-credit cards and medical bills. his attorney told me probate would be pointless because the account had $1400 only and creditors w...
Based on your information, the cresitors'' period – or period in which some company who claims to be owed money – expires two years from the date of death. You need not worry about any credit cards or medical bills if the creditors did not open an estate. What Wells Fargo is referring to is the statute for "disposition of property without administration". It is one of the two situations in which you do not need a lawyer. If dad died in Hillsborough County, then taking his paid funeral bill and his bills for medical services during the last 60 days of his lifetime and a copy of the most recent Wells Fargo Bank statement to the probate clerk in Tampa. The clerk will assist you in preparing a petition and order for the judge to sign instructing Wells Fargo to deliver the funds to you. Please do not substitute this suggestion for personal, legal advice. Comments are made based on the information provided by you, and you should not rely on them as being absolute advice. On the other hand, give it a try. I will be surprised if you are not successful! All the best, Sallie.See question
I plead no contest to culpable negligence and was placed on administrative probation. I was never on state probation. My sibling claims I can no longer be the executor of our dad's Will. Although charged, there was no conviction or admission of gu...
Condolences for the loss of your father. There are several ways to remove a personal representative (executor) after appointment. The statutory list is available to you and to your sibling. As for appointment in the first place, the court will not consent to you serving your father's estate if you are a convicted felon - not misdemeanor. You must retain an attorney to commence an administration and to ask the court to honor your father's wish that you be appointed. Your attorney will discuss this with you at the initial consultation. Meanwhile, please know that a misdemeanor should not be an impediment to your appointment. This answer is not intended to be a substitute for legal advice. You should retain an attorney to begin the administration of your father's estate.See question
The woman im buying house from was left the house from her mother passing away. I just found out that it has a broken window lien from 7 years ago from when the mother was alive. The city says this is a family estate lien and isn't on property, s...
It is not required by law, but the standard in the real property community is for the Seller to provide to the Buyer with title insurance. Title insurance will guarantee you clear title, describe liens, if any, and defend you if there is a problem. It is not your job to investigate potential liens. The Seller is supposed to deliver good title (and insurance is highly recommended). This response to your question is not intended to be a substitute for a legal opinion about your situation or the lien in question.See question
My 3 grown children will inherit everything. Am planning on remarrying and would like to know if my Trust will stay in tact. My future husband, a retired Military, approves of this.
Congratulations. You and your fiancé should consult with attorneys regarding a prenuptial agreement. If you wait until after the marriage, then there is a higher degree of disclosure, more detail to cover, and more expense. After the marriage, each of you will have rights to and in the estate of the other. Some are by operation of law, some are by filing an intent, and still other rights are through an elective share option. You would also be entitled to a family allowance during the administration of the estate of the first of you to die. In other words: a will and trust are not sufficient. Once again, congratulations on your pending nuptials.See question
My deceased husband did not have a completed will at the time of his death. I have a death certificate. But what do I need to prove that I am the executor of the estate?
First, please accept sympathy for loss of your husband. As to your dilemma: A lot depends upon whether he had a prior will (not the one that was incomplete) and when it was signed (before or after your marriage) and whether you had children together or if he had children before he married you. Complicated answer to your question. Isn't it? The short answer is that you must petition the court to be appointed executor (Florida calls it a "personal representative"), and see where you go from there. You will need an attorney to do this, and it should be done in the county listed as his residence on his death certificate. My response to your question is intended to enlighten you, but not to provide complete legal advice or a solution to your problem. You have a unique, specific problem, and you n need unique, specific answers.See question