Probate Legal Questions

When real property is acquired by two or more persons and the instrument of conveyance does not specify the nature of the ownership, the law presumes a tenancy in common rather than a joint tenancy.  Nobody'e name gets removed from a deed.  Rather, a sale will have to be by a new deed and will have to show all owners are selling all interest each of you have in the property.  Your deceased brother's interest will likely have to be sold by his estate administrator (or executor, if he has a will).  If he had a will, his share passes according to the will.  Without a will, his wife (if married) and/or children/descendants will own his share by intestate succession. A deceased tenant in common's undivided interest is an asset of his probate estate. While title to real property does pass to heirs at the moment of death by operation of law, that passage of title is subject to the decedent's debts, the rights of creditors, and the authority of a personal representative appointed through probate. Without probate, there is no legally recognized way to identify and confirm who the heirs are, satisfy or bar creditor claims, or clear title so that the heirs can sell the property  ... Read Answer

I am not understanding what the question is.  Please revise to add some more information and you will have a better chance of getting a worthwhile response.  As it is written now, I can only be sure that your father has died and was divorced.  The rest of it doesn't make sense.  Is the issue a pension?  Was ex named as beneficiary when he died?  What kind of petition are you referring to? ... Read Answer

Is anyone else's name on deed at all? If so, that will have a bearing.  Did she leave a Transfer on Death Deed?  Did she have a Will? If so, who does it say the house goes to? If she did not have a Will and was married to stepfather at the time of her death, stepfather and her children inherit the house by instestacy.  Also, assuming they were married at the time of her death, stepfather would likely have a right to claim Year's Support, but the effect of doing so may differ depending on whether your mother left a Will and whether the Will addresses him claiming Year's Support. More of the details asked above would help clarify.  Also, your question says "we" don't know what our options are, but the answer will vary depending on who "we" is and what you mean... your options to do what?  Sell it? Buy it? Charge rent to stepfather? Just want to know what interest you may have in the house?  A probate lawyer could certainly help you understand exactly where you stand with your rights to the property in relation to the stepfather and your siblings, but some more details will be needed to be specific.  I wish you the best!    ... Read Answer

Florida probate attorney fees are governed by statute, and the law sets a presumptively reasonable fee based on a percentage of the estate’s value. For an estate valued at $400,000, the statutory schedule applies, and most cases fall within that framework. If the attorney believes additional fees are justified ,  for example, because the case involves unusual work, litigation, or issues beyond a standard probate; then the lawyer must request court approval and show the judge why extra compensation is warranted. Otherwise, the statutory percentage is the cap for ordinary services. Retain counsel who doesn't charge upfront but charges only at the end of the case. ... Read Answer

I am sorry for your loss. Situations involving access to a deceased person’s phone or digital accounts have become increasingly common in probate matters, and I have assisted families dealing with similar issues involving Apple devices and locked digital accounts. Under Florida law, once a person passes away, their assets including digital assets such as phones, online accounts, and stored data become part of their estate. Companies like Apple typically require proof that the person requesting access has legal authority to act for the estate. A death certificate alone often is not enough because it does not establish who is legally authorized to manage the deceased person’s property. In many cases I have handled, Apple requires documentation showing that someone has been legally authorized by the probate court. This usually means either Letters of Administration from a formal probate case or a court order from a summary administration confirming who the beneficiaries or authorized persons are. Whether you should file Summary Administration or Formal Administration depends mostly on the value of the probate estate. In Florida, Summary Administration may be available if the probate assets are $75,000 or less, or if the person has been deceased for more than two years. Summary administration is a simplified probate process and often used when there are few assets or when heirs simply need a court order confirming their rights. However, some companies specifically require Letters of Administration, which are issued only in a formal administration where a personal representative is appointed. I have seen situations where families file a small probate case primarily to obtain this legal authority so institutions will cooperate. It is also important to understand that Apple’s internal policies sometimes create an additional challenge. Even with a court order, Apple may only remove the activation lock and could require wiping the device before restoring access. I have seen this happen with clients who already had the phone passcode but were locked out due to Apple ID security restrictions. Florida probate exists specifically to determine who has authority to manage a deceased person’s property and assets. Jurado & Associates explains that probate is the legal process used to identify heirs and authorize someone to act on behalf of the estate:https://juradolawfirm.com/probate-in-florida/ You can also learn more about how the Florida probate process works here:https://yourfloridaprobatelawyer.com/florida-probate-process/ A probate attorney can review the estate assets and determine whether a summary administration will satisfy Apple’s requirements or whether a short formal administration would be the better path to obtain the authority they are requesting.... Read Answer

If there are no unpaid debts and all heirs will sign off to acknowledge unanimous agreement on the distribution of all assets, you should be able to file a Petition for Order Declaring No Administration Necessary.  It is form 9 here: https://www.gasupreme.us/probate-court-standard-forms/    ... Read Answer

Assuming the truck is paid off and that your father was not married at the time of his death, you can file an Affidavit of Inheritance form with your local tag office.  You can get the form at the tag office or download it at the Tn Dept. of Revenue site.  Take the current title and a certified copy of the death certificate. Of course, you'll need to your own ID with you, too. GI-4 - Inherited Vehicle - Title/Registration Process – Tennessee Department of Revenue  ... Read Answer

Please accept my condolences on the passing of your husband. Unfortunately, in order to obtain help accessing his bank account, as well as dealing with any other issues that may need to be addressed as the result of his death, you will need to make direct contact with an attorney who works on probate matters. This forum does not allow attorneys to actually assist you, as it is not possible to gather the needed information and give actual advice. You need to find an attorney who handles probate matters, using the resources on this website, and contact that attorney's office to schedule a probate consultation. The only other option, depending on the county your husband lived in at his death, is that you may be able to get some assistance through a probate court clinic program. For example, both Fulton and DeKalb Counties offer a free, very short, consultation with a volunteer probate attorney (I believe the program is called the "Probate Information Center" in Fulton and the "Probate Information Clinic" in DeKalb, or something like that). You have to contact the court to make an appointment to get help through those programs, and they are not intended to provide comprehensive help, but they are designed to help people who don't have an attorney carry out discrete tasks and if the volunteer determines that ongoing assistance from an attorney is really needed, they will tell you. Best wishes to you.  ... Read Answer

An attorney licensed to practice in Georgia can practice anywhere in Georgia, yes. That said, for estate planning, the attorney will usually want to meet with your mother in person to have her sign her new documents, even if not also for the planning part of the engagement, and if your mother has to drive from Columbus to Atlanta to meet with her attorney she may not be happy. Also, if you think you would want to use the same attorney for help with an eventual probate, then having an attorney closer to Columbus might be helpful, as not all Atlanta attorneys will take on probate matters anywhere in the state. There are good estate planning attorneys in and around the Columbus area. Your mother may be better off using one of them. Best wishes to both of you.... Read Answer

If your mother left the house to you (and only you) in her will, you should be able to re-title the house in your name. Once you do that, you should have no problems working with a realtor to sell the property because it will officially and legally belong to you. However, I recommend communicating with the reverse mortgage lender (secured creditor on the house) to discuss your plan to sell the home and pay them off. They may allow you to just assume the terms, but you will definitely still have to pay that debt off.... Read Answer

Hello.  I am sorry to hear of your bad experiences.  Yes, we can help you.  We are very experienced in estate litigation.  There are various causes of action in addition to fraud and elder abuse which can aid your case.  Please reach out to me and we can discuss the details of your matter.   Jeff Czech.  Czech & Howell, APC jeff@czechandhowell.com... Read Answer

Inheritance is generally characterized as separate property and as such is not subject to division upon divorce like marital property is. However, if the income generated from that asset increases your ex's income then that income should be included in his income and expense declarations in order to compute support payments like alimony and child support. ... Read Answer

If your name is on the deed and on any joint bank accounts, then you have a claim to those assets even if you were not legally married to your ex. The value of your claim would depend upon how these accounts were held, either as tenants in common or as joint tenants with rights of survivorship. Consult with counsel in your jurisdiction for specific advice. ... Read Answer

Yes, you are entitled to file a petition to probate the intestate estate of your father. Just because his surviving wife was awarded year's support does not automatically entitled you to receive any assets he left, especially if you and your siblings are not in agreement about his assets. File the petition in the county where he lived/owned property at the time of his death. Hope this helps! Good luck to you!... Read Answer

In Florida, a girlfriend would not have any inheritance rights unless provided for in the will or trust. A spouse or wife would have inheritance rights.  But Virginia, may have something special, such as common law marriage.  Florida does not have common law marriage.  In Florida, Intestate (no will) would be inherited by the blood heirs (per stirpes) ie.  children, if not married.    ... Read Answer

If a probate of the case was opened, it would be public record. Inquire of the probate court in the county where decent lived when he died.  If there is no probate case, you might petition to be the admin of your father and or husband.  Once appointed you can ask for any infomraiton that decedent might have obtained while he was alive. See a probate attorney.... Read Answer