Archived
My older sister did not file our mom's Will within the 10 days required by FL law. Does her Estate go into to probate?
Louis's answer
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Answered on January 18, 2019
Whether an estate has to go to probate has noting to do with whether there is a Will or not. What determines whether a probate is needed is...
Archived
I'm married and have spinal cancer can I wore a will giving my half of assets to someone other than my spouse
Louis's answer
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Answered on November 05, 2018
You ask a very complicated question. All jointly held assets will go to your spouse, without regard to your will. If you have no individual...
Can the step adult children take me to probate?
Louis's answer
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Answered on August 14, 2018
If everything is titled jointly between you and your husband, it would all pass to the survivor of you, without probate. There would be nothing in...
Does changing an executor in a will in Florida require a witness?
Louis's answer
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Answered on June 27, 2018
Yes, to be valid in Florida, any change to a Will, including designating a different personal representative (executor), must be made in writing...
Archived
What are the rules of trustee assignment in FL, CA
Louis's answer
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Answered on June 21, 2018
There is no requirement that a Trustee of a Florida trust be either a resident of Florida or a relative. That is a requirement for a person to be...
Archived
Will my mom become beneficiary in place of my dad if my dad passes away?
Louis's answer
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Answered on March 31, 2018
Unless your grandmother's will requires that your father survive her for a specific period, then since your father was living at the time of your...
Archived
In Florida can the parents of a deceased infant minor child with no creditors bypass the probate process to settle their claim?
Louis's answer
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Answered on March 27, 2018
You are not clear what type of claim you are attempting to settle. If it is a wrongful death claim, the authority to sue (and therefore settle) is...
Do I have to record a certificate of trust if there is no real property remaining in the trust?
Louis's answer
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Answered on February 28, 2018
A Certificate of Trust is recorded in the Official Records of the county in which any trust real property is located. It aids in clearing title to...
Do we have a case?
Louis's answer
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Answered on January 25, 2018
It depends upon the nature of the assets and whether the father had valid estate documents in place. For instance, if there was no valid will or...
Can a will be filed in Florida after a year has passed since death?
Louis's answer
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Answered on January 05, 2018
Regardless of whether there are any assets requiring probate, a decedent's Will must be deposited with the Probate Court in the county where the...
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