Florida Probate Legal Questions

If everything is left to him in the Will, once the court appoints an executor, the executor must follow the tems of the Will, including filing a distribution deed transferring ownership to the beneficiary under the Will.  Many spouses leave everything to each other.  The children may well be disappointed.  Perhaps your father would consider giving them a few items of sentimenatl value, copies of photos, etc. with which to remember their motherr.... Read More

No one needs your Social Security number.  It is not even likely that you inherited from your grandmother.  If you did, you should receive a letter from the lawyer including a copy of the Will and of the judge's Order admitting it to probate and, eventually, a check for her bequest to you.... Read More

Letters Testamentary are not issued by a lawyer but by the local probate court.  A Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died). Please also check with the 401k plan administrator and the IRA brokerage firm.  Unless a spouse sends the 401k plan administrator a waiver, the 401k passes to her.  The IRA may have named your mother as beneficiary.... Read More

When a Will is submitted for probate (proving), it becomes a public document.  Check with the clerk of the probate court where your uncle lived and died.  Note also that (1) Wills name as beneficiaries whomever the person writing the Will wants and (2) you are an heir only if there is no Will and only if your uncle left no spouse, no children, no parents and no siblings.... Read More

Dear Amy, I'm sorry to hear about the loss of your mother-in-law. I would suggest speaking with a probate attorney to find out the next best steps as soon as possible.  Generally speaking, if there is no Self-Proving Affidavit, then the will must meet the other recognized formalities of will execution (two witnesses, etc.).  The home, although, a homestead, may also be subject to a lien. Homestead doesn't protect the owner from all types of liens, such as mortgages on the property or those for property tax. There will also be general questions about the estate.  Again, I would suggest speaking with a probate attorney and discussing the particular facts of your situation as quickly as possible. Best of luck to you! ... Read More

Unless that sibling has a Will, that sibling's share passes according to the Florida laws of intestacy, possible the spouse (not mentioned in your description), possibly the children.  Please contact a probate attorney who practices in the county in which the sibling lived and died. ... Read More

Ask a probate lawyer who practices in the county in which your brother lived and died to help you file an Application for Determination of Heirship and Issuance of Letters of Administration (or its Florida equivalent).  Once the court appoints you administrator of the estate, the bank cannot foreclose for six months.  During that period, you can find out whether the bank will allow you and your surviving sibling to take over the home or whether you must sell it to pay off the mortgage loan.  Please note that the bank loan the funds based on the credit, etc. of your deceased brother and on it being owner-occupied.  You and your surviving sibling may or may not have sufficient credit, etc. for a home which is not owner-occupied.... Read More

"Stay" is an old word for "stop" ( as in "Stay, Fido.")  If the Motion to Stay is granted, nothing can happen until the Court considers other motions.  What these might be depends on the circumstances surrounding the property.  For example, there might be a creditor who needs to be paid out of the proceeds of sale.  Or a newly discovered heir may have emerged who needs to receive a distribution from the proceeds of sale.... Read More

You don't.  A Will has no legal effect until a court admits it to probate.  Probate is proving that the Will is the Will of the person who died and granting authority over the deceased person's assets to the person named as the personal representative in the Will.  Contact a probate attorney who practices in the county in which the death occurred.... Read More

A quit claim deed does not transfer title, the record of ownership.  A quit claim deed is best used to record that someone quits asserting a claim to use an easement, such as a driveway over someone else's property. If someone is "on the deed," they are an owner.  If they die without a Will, their heirs inherit their interest in the property.  The heirs could record a deed gifting the property.  To make sure that this is done properly and is effective, please see a local probate or residential real estate attorney.  It won't cost must and will save a lot of headaches and loss of money later.... Read More

A Durable Power of Attorney is only effective while the person is alive. If the account you have with your deceased aunt is "joint" rather than "joint with right of survivorship," only half is yours.  The other half belongs to her estate. For her beneficiaries (if there is a Will) or heirs (if there is not) to access that half and the $1700 check, an estate must be opened.  Please see a probate attorney who practices in the county where you aunt died to determine which type of estate administration is required.  You may be able to do a less formal proceeding at lower cost.  ... Read More