I know my father had a will . but since his death there has been no mentioned of it
Please accept my condolences for your loss. In Florida, a person in possession of a decedent's original Will is required to deliver it to the Clerk of Courts within 10 days of notification of death. The primary reason why the Will isn't being probated is that there aren't any assets that require the probate process. However, there is no reason why the Will should not be deposited with the Clerk.See question
There are 3 different forms under probate on the local county court website, which are Instructions for disposition of personal property, disposition affidavit, and Statement of claim. Are any of these the forms I need?
As noted, none of the forms available on the Volusia County Clerk of Court's website are used to file a Will for probate. Florida has several different types of probate, each applicable to specific facts and available under different circumstances. You should meet with a local attorney to discuss the facts of your case and why the Will needs to be filed for probate, to decide what approach you need to take. The forms required to probate a Will aren't available online for free since Florida Statutes require that the services of a lawyer be used in nearly all types of probate matters. The Avvo find a lawyer service can help you find an attorney. Best wishes to you.See question
Having inheritance contested
If you are not the fiduciary (personal representative) of the estate, then you may appear pro se and represent yourself. However, you should consider if that is a really good idea. How much is involved, and what are the claims against you? Do you have any potential liability above and beyond your potential inheritance? The other parties are likely represented by attorneys and neither those attorneys nor the court has any responsibility to give you legal advice. You will have to comply with the same statutes and court procedural rules as the attorneys and if you miss something, it could damage your case severely. In a contested matter, a pro se party is at a significant disadvantage. I recommend that you retain an attorney experienced in contested probate matters to represent you.See question
My mother recently passed and my sister is the executor of the estate. My father is still alive and living in the home. She apparently sold the house a couple months ago without his or anyone's knowledge. Along with a second property my parents ow...
Please accept my condolences for your loss. You should help your father find an attorney to discuss all of the facts as soon as possible. Something here doesn't sound right. If your parents were married at the time of your mother's death, whether or not your father's name was on the title, he has a protected homestead interest in the property. Does your sister have an attorney? She should because Florida law requires a personal representative to have an attorney representing her. It sounds like your sister may be violating her fiduciary duty to the estate and its beneficiaries.See question
My brother recently passed and I am the only surviving family member/next of kin. He never married but has been living with a woman for several years in Florida state. She two vehicles that have been in my family and previously owned by my deceas...
Please accept my condolences on your loss. In Florida, a will isn't public record until it is admitted to probate. While state statutes require the custodian of a Will to deposit it with the county probate division within 10 days of notice of death, that doesn't mean that you have to file it for probate within that time. Since your brother wasn't married, the woman has no legal claim to his assets other than as provided by Will. If your brother's assets are less than $75,000, you could file for Summary Administration. If he only left personal property the value of which is less than his funeral costs, then you can get the personal property transferred without administration under a different summary proceeding. Bottom line is that, if the girlfriend won't give you a copy of the Will (does it really exist?), you can call her hand and open an intestate proceeding. If there is a Will, then she would need to appear in the proceeding and produce it. More importantly, though, you have no authority to sign anything over to her, and even if she is a beneficiary under a Will left by your brother, she can't claim assets without first filing for probate and obtaining an order of the Court granting her authority to deal with the assets.See question
Your situation is I get $40,000 a year for the rest of my life and then when I got the whole estate goes to my son my only Heir I am the beneficiary there is an attorney of the estate and she's the trust just say I am the code trustee she feels in...
Thank you for your question. Your facts are a little confusing, but it sounds like the trust of which you are a beneficiary permits the trustee only to make distributions for specific purposes or for a documented need. While a trustee should keep you informed regarding general trust activities (usually accomplished with a periodic accounting), the trustee is not ordinarily required to include the beneficiary in every decision or obtain a beneficiary's approval or consent to an action. As far as streamlining the procedures for obtaining a distribution, you need to meet with an experienced estate planning attorney who can review the specific trust instrument and provide you with advice from there. The AVVO Find a Lawyer service can help you identify a qualified attorney in your area. Best wishes to you.See question
I have a Annuity Trust and a Trustee with someone else other then the Trust I have with my husband, that other person becomes the trustee of my Annuity Trust if I should die, no mention of being disabled. My Last Will and Testament reads, my husb...
Please consult with the attorney who prepared these documents and have him/her explain how they all work together for your estate plan. The provisions or beneficiary designations of your trusts, Will and annuities should all coordinate to accomplish your anticipated estate planning goals. From your question, it sound to me that you do not have a complete understanding of how your instruments work. Thus, you should return to your attorney and discuss your questions with that attorney. From a practical standpoint, I think it is important that all clients understand how the pieces and parts of their plan work, so that they avoid accidentally changing an important aspect of the plan. Best wishes to you.See question
My brother is in the hospital inconfident he need someone to make financial decisions banking to pay his bills and medical decisions Who would be the next in line to do this his mother or his two daughters he is divorced
Only a person who is appointed agent under a durable power of attorney will have legal authority to access your brother's accounts and financial records, or make medical decisions for him. If he he didn't make a power of attorney or health care surrogate prior to his illness and is incompetent to sign a power of attorney now, then the only way anyone (mother or daughters) can maker decisions for him or legally access his funds would be to obtain authority through the probate court and a guardianship proceeding. You should consult an attorney in your area. Avvo's Find a Lawyer can assist you in identifying a qualified attorney in your area. Best wishes to you and your family during this difficult time.See question
My mother in law recently passed away , I discovered she has an I R A . My late Wife was the only beneficiary of the IRA .After my wife died I had Power Of Attorney for my mother in laws accounts so I could pay for her care center , insurance etc ...
Please accept my condolences on your loss. As my colleagues note, the power of attorney is voided by your mother-in-law's death. The IRA contract will specify what happens to the account if the named beneficiary (presumed to be your late wife) predeceases the account holder. If the account passes to your mother-in-law's estate, then someone will need to be appointed personal representative in a probate proceeding. The order appointing personal representative is called the "Letters of Administration." Despite your close personal relationship to her, you are a legal stranger to your mother-law-law and will not inherit from her under Florida's intestacy laws. Her Will (did she have one?) could change that by giving you priority over her remaining children. Check with the attorney who prepared the power of attorney to see if he also prepared a Will. Otherwise, you should consult with an attorney to determine what actions, if any you should or are able to take at this time. Avvo's Find a Lawyer service can help you identify a qualified probate attorney who practices in your court. Best wishes to you.See question
my mother passed away last may, im an only child, i have a jeep, i dont drive, i live in a 38ft travel trailer with my teenage daughter, i would like to find some place better to live but what do i do about the travel trailer and jeep? im just won...
Please accept my condolences. You will need to consult with an attorney and provide the specifics of your situation to find out exactly what needs to be done and what shortcuts are available under Florida statutes. Avvo's Find a Lawyer service can assist you in locating an experienced probate attorney in your area. As my colleague pointed out, many attorney provide a free consultation, so look for one who provides that service. Best wishes to you and your family.See question