Florida Estate Litigation Legal Questions

If the parent dies with will giving the estate to siblings and one sibling dies before the (sibling parent) then the terms of the will determine who gets predeceased sibling's share. If sibling dies after (parent sibling) this will have no effect upon parent's estate.   Note, if there is homestead property involved then if the parent had any minor children at death then the devise of the homestead might be void. ... Read More

Probably.  It depends on the type of the assets being inherited, the terms of the Will, and if they are probate assets (only solely by the person who died with no named beneficiary and so controlled by that person's Will).  The Will may have specific language about how to handle this situation.  But, in most cases, if an inheritor named in a Will survives more than a couple days past the Will-maker's death, they are entitled to that inheritance.  If that inheritor dies before they receive the inheritance, it should be paid to their estate.  The inheritance then is distributed in accordance with the inheritor's Will or the law of intestacy in the state where the inheritor resided before her or his death. ... Read More

Dear Sir or Madam,   You need to file an action/petition with the probate court in the county of the decedent's last residence. A formal probate may not be needed depending on the sixze of the estate, however if formal probate is requied you would have to be appointed PR based upon whether you have preference under law to serve as the PR. Unless you are sole beneficiary, it is likely you will need to hire a lawyer for this process. The POA is now ineffective as the POA terminates upon the death of your aunt.... Read More

Remaindermen do not have rights of possession, so yes you can keep them off, however you said that you own 1/2. Who owns the other 1/2? The other 1/2 owner would certainly have rights of possession. If these remaindermen are remaindermen to the other 1/2 owner then they can be allowed to enter the property by permission of the other 1/2 owner (not as any rights of remaindermen)... Read More

If the Will is silent as to the sale of the house and there are no restrictions, then you must comply with the state law.   In New York, you are required to collect, sell, pay all liabilties of the Estate and then make distribution to the parties per the Will.  The Charity can make an application seeking your removal for your failure to comply with NY State law unless you have a written agreement with all the parties regarding distriubtion.   ... Read More

The Will is the governing document and will trump a separate writing. That said, a Will oftentimes contains a clause that refers to a separate writing where the testator (the one making the Will) leaves certain items of personal property to designated persons. This writing, however, is not binding on the personal representative (i.e., executor) of the Will.  ... Read More

Without a will, the decedent's estate will pass according to Florida intestacy laws. The answer to who gets the assets of the estate depends on whether the decedent was survived by a spouse, and whether that spouse was also the parent of the children in Michigan. I suggest your brother seek out legal aid. He may need to apply for public assistance.... Read More

the first step is to determine whether or not you were named as the survivor or beneficiary of the CD. While the bank may be unwilling to share much information, they should tell you whether or not you are the named beneficiary, if someone else is the named beneficiary, or if there is no named beneficiary then the CD would be payable to the estate. If the CD has a named survivor, when set up, the CD would not pass in accordance with the will, but would pass in accordance with its terms.... Read More

No attorney can answer whether or not someone "destroyed" or "hid" a Will. Probate administration is the process by which a decedent's estate is administered i.e. noticing interested parties, paying creditors and distributng probate assets to the beneficiaries. The father's property will pass according to Florida intestacy statues, because he died without a will. Here is the relevant statute: 732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate. 1(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. 1(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. 1(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.... Read More

if your stepmother was legally married to your father at the time of his death, she has certain spousal rights. The fact that they were estranged will not abrogate those rights. Your stepmother has certain rights to the "Homestead" real property. There can only be one Homestead. In addition, your stepmother has a right to the elective share. There are also some smaller and less significant rights she may have by virtue of the marriage. You should speak with a probate attorney in your area.... Read More