×
Go back to Martindale-Avvo ➔

Florida Estate Litigation Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
39 legal questions have been posted about estate litigation by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Florida Estate Litigation Questions & Legal Answers - Page 2
Do you have any Florida Estate Litigation questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 39 previously answered Florida Estate Litigation questions.
Estate Litigation
Florida

Recent Legal Answers

My father resided in Florida, passed away on April 19, 2011. My inheritance is being held up

Answered 12 years and 11 months ago by Erskine Rogers (Unclaimed Profile)   |   1 Answer
Most claims are filed in the probate record where your father's estate is being probated, but not always. The personal representative should give you some information.  You may want to hire your own lawyer if you are distrustful of the PR
Most claims are filed in the probate record where your father's estate is being probated, but not always. The personal representative should give you... Read More

challenging a will

Answered 12 years and 11 months ago by Erskine Rogers (Unclaimed Profile)   |   1 Answer
You need to speak with a lawyer, and if your sister is in NJ, then you may need a lawyer there.
You need to speak with a lawyer, and if your sister is in NJ, then you may need a lawyer there.

What can I do about my Sister undully influencing my Mother

Answered 12 years and 11 months ago by Erskine Rogers (Unclaimed Profile)   |   1 Answer
I am sorry for your loss.   There are two issues.  First, are the assets joinlty titled such that they passed upon your father's death to your mother by operation of law.  Second, is your mother incapacitated such that a guardianship action is necessary.  You should consult with a lawyer.... Read More
I am sorry for your loss.   There are two issues.  First, are the assets joinlty titled such that they passed upon your father's death to... Read More

House Deed in one name

Answered 13 years ago by attorney Astrid de Parry   |   1 Answer
You need to meet with a probate attorney in your area. He or she can assist you with initiating a probate to transfer the property. Assets in the sole name of the decedent must go through the probate process. Astrid de Parry, P.A. (386) 736-1223
You need to meet with a probate attorney in your area. He or she can assist you with initiating a probate to transfer the property. Assets in the... Read More

How do I cash a check payable to "the Estate of " my late father?

Answered 13 years and a month ago by Erskine Rogers (Unclaimed Profile)   |   1 Answer
you should be able to do a disposition of personal property without administration. Check and see if your probate clerk has a "self-help" center.
you should be able to do a disposition of personal property without administration. Check and see if your probate clerk has a "self-help" center.

How can I sell my deceased mother's car when there is no probate or executor?

Answered 13 years and a month ago by Erskine Rogers (Unclaimed Profile)   |   1 Answer
I have found that the Department of Motor Vehicles tends to be helpful and flexible when it comes to title transfer of vehicles in small estates. I suppose they do not want unregistered, uninsured, and unlicensed vehicles on the road. Take the death certificate, will, and perhaps an agreement signed by all of the heirs at law to DMV. If they cannot help you, then Florida has several types of procedures for smaller estates.  Your scenario may even qualify for disposition of personal property without administration, depending on the value of the assets. Good luck... Read More
I have found that the Department of Motor Vehicles tends to be helpful and flexible when it comes to title transfer of vehicles in small estates. I... Read More

If a couple is not married do possessions not in the will go to the next of kin?

Answered 13 years and 2 months ago by attorney Thomas M. Bates   |   1 Answer
I'm sorry for the loss of your father. As personal representative you have a duty to collect the assets of the estate and distribute them to the rightful heirs. You have the power to file a lawsuit against your father's companion to force her to return the personal items.
I'm sorry for the loss of your father. As personal representative you have a duty to collect the assets of the estate and distribute them to the... Read More

How long is a person the executor of an estate?

Answered 13 years and 3 months ago by attorney Astrid de Parry   |   2 Answers
Until the estate is closed. Typically, a Formal Administration takes 6-12 months.
Until the estate is closed. Typically, a Formal Administration takes 6-12 months.

Mortgage company refunds escrow funds in my dads name. He's been dead for 4 yrs. Theres no longer an executor of his estate, What can I do?

Answered 13 years and 3 months ago by attorney Astrid de Parry   |   2 Answers
Contact your local bar association. You will need to re-open the estate.
Contact your local bar association. You will need to re-open the estate.

My father had no will and large estate. Step sister is after us. Can we settle with a lump?

Answered 13 years and 5 months ago by attorney Astrid de Parry   |   1 Answer
You have not provided enough information to answer your question. If you are the Personal Representative of the estate, you should direct this question to your attorney. Astrid de Parry, P.A. 107 E. Church St. DeLand, FL 32724 (386) 736 - 1223
You have not provided enough information to answer your question. If you are the Personal Representative of the estate, you should direct this... Read More

Can the PR of an estate take PERSONAL possession of the decedents bank accts if the sig card lists them as JT with survivorship but the POA says no?

Answered 13 years and 9 months ago by attorney Astrid de Parry   |   1 Answer
As the Personal Representative of your father's estate, the neighbor must use the assets of the estate to pay the creditors. However, if the bank account in question was a joint account in your father and neighbor's name or the neighbor was named as the death beneficiary, the account is not part of the estate. Thus, the neighbor is not required to pay creditors from the account. ... Read More
As the Personal Representative of your father's estate, the neighbor must use the assets of the estate to pay the creditors. However, if the bank... Read More

My friend is head of the estate and when his father passed he did not have a will and the bank will not talk to him and will not except a payment .

Answered 14 years and a month ago by attorney Astrid de Parry   |   1 Answer
Generally, Banks will not "change the name on the mortgage or refinance" unless they have an Order from the Court stating the individual owns the home. Your friend should seek out a probate attorney. This attorney can help your friend initiate probate proceedings to transfer title to the property to the beneficiaries of the estate.  ... Read More
Generally, Banks will not "change the name on the mortgage or refinance" unless they have an Order from the Court stating the individual owns the... Read More

How do you go about transferring a deed form a deceased person with out a will after you have been made beneficiary of the estate?

Answered 14 years and 3 months ago by attorney Astrid de Parry   |   1 Answer
Seek out a probate attorney. He or she will help you to begin the probate process. This process will allow you to transfer assets to the proper beneficiary.
Seek out a probate attorney. He or she will help you to begin the probate process. This process will allow you to transfer assets to the proper... Read More

Do I have any rights to the home I have been ling in for the last four years. My wife past away on 11/7/2011 and left the house to her sister.

Answered 14 years and 3 months ago by attorney Astrid de Parry   |   1 Answer
You would have a right to the home if it was homestead property. In Florida the surviving spouse gets a life estate in the homestead property. An estate planning attorney could assist you in determining which assets you have a right to receive from your wife's estate.
You would have a right to the home if it was homestead property. In Florida the surviving spouse gets a life estate in the homestead property. An... Read More
Estate Litigation
Florida

Helpful Resources