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After the death of my spouse what papers do I need to file to have our joint assets changed to my name alone?
Jeramie's answer
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Answered on November 13, 2012
There's a few documents that will need to be filed in the land records to clear title. Specifically, you will need a copy of the death certificate,...
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Archived
In Probate, if a party is determined homestead can that person lose it or have it dismissed?
Jeramie's answer
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Answered on November 09, 2012
I agree with the other responses. She has a homestead interest that is closely protected by Florida law. That won't go away unless she decides to...
Archived
I had a child from an affair. The father has since passed away several years ago. Can I seek
To obtain anything from his estat
Jeramie's answer
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Answered on November 09, 2012
Yes, there may be options. A lot depends on whether he had a will. If not, your daughter would be an intestate heir with a right to the estate. You...
My father had been remarried for one year when he died. His house was willed to me. How long can his second wife remain there?
Jeramie's answer
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Answered on November 08, 2012
Mr. Goethe is correct. The homestead rights given by the Florida constitution are very broad, and the length of the marriage is irrelevant. Your...
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Is an estate lawyer allowed to have closed discussions by email with one executor and not include or copy the other executor?
Jeramie's answer
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Answered on November 08, 2012
The answer is, "it depends." When representing multiple clients, the lawyer owes duties to both. The lawyer can certainly talk to one without the...
Archived
My house is in my fathers name what happens when he passes away?
Jeramie's answer
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Answered on November 06, 2012
If your father has a valid will, the house will pass to the people or organizations named in the will; otherwise, it will pass to his heirs at law...
How long does an executor have to closed probate/estate in Florida? What can the beneficiaries do?
Jeramie's answer
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Answered on November 06, 2012
There isn't a strict time limit, but the personal representative does have a duty to be sure that the estate is administered promptly without undue...
Archived
Although I live in California, I am executor of a $250,000 estate in Florida. What are the most cost effective next steps?
Jeramie's answer
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Answered on November 06, 2012
It sounds like this will be a straightforward estate proceeding, assuming everyone gets along. The Florida probate process isn't awful, but it...
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Archived
What is the statute of limitations on contesting a will after the person has passed?
Jeramie's answer
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Answered on November 05, 2012
The statute of limitations doesn't depend on the date of death as much as the date that the will is first admitted to probate. The challenger has...
Archived
Father and Step mother died with no will who owns their home?
Jeramie's answer
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Answered on November 05, 2012
I agree that you need a Florida attorney to review the deed ASAP. If it was titled jointly with rights of survivorship, the home passed to your...
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