Archived
What can I do to ensure fair treatment of a will that states all is to be split 50/50 and my sister is not probating the will?
David's answer
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Answered on May 17, 2016
You state that she is "filing for letters testamentary without probate." The only way to get letters testamentary is to file an application to...
Archived
What do I really need to do??
David's answer
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Answered on May 17, 2016
As the others have suggested, you should speak with a qualified probate attorney in your area. Affidavits of heirship might work, or it might be...
Archived
I got rear ended in my deceased mom's car they offered to pay off the car and give me a salvaged title will it be in my name?
David's answer
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Answered on May 05, 2016
The copy of her will and death certificate won't mean anything to the insurance company if the will has not been probated. The salvaged title and...
Archived
What recourse does she have? With Oil company? Or bank?
David's answer
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Answered on May 05, 2016
You don't state whether your mother's will has been probated or not. If it has, has your sister received checks from other oil companies made...
Archived
What procedure do I follow for the property to go to my children?
David's answer
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Answered on April 28, 2016
As the others have stated, you have several options. One is to give it to your children via a trust that is created within your will, if they are...
Archived
Can I sell my parents belongings even though they left no will
David's answer
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Answered on April 26, 2016
Legally you don't have the authority to sell their assets until a court appoints you or someone else to act as the administrator of their estates. ...
Archived
Will the judge order the Estate to pay for all of my expenses, fees or reimbursements that I have incurred as Executor
David's answer
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Answered on April 26, 2016
As the others have stated, yes you can be reimbursed by the estate for these expenses. Expenses of administration are a class 2 claim meaning that...
Archived
Any concerns using out of town lawyer for probate if licensed in the state of probate?
David's answer
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Answered on April 25, 2016
I don't believe there are any concerns with using a Florida licensed attorney who lives in another state in this scenario. I am licensed in...
Archived
Who is next of kin and who is to open the will.
Thanks
David's answer
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Answered on April 25, 2016
As the other attorneys have stated, your father's will should designate an executor who is responsible to carry out the terms of the will and to...
Archived
Can my power of attorney document name both a financial and medical agent?
David's answer
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Answered on April 19, 2016
The financial and medical POA's are separate documents because they serve different purposes. The financial POA in Florida is fairly lengthy and...