Florida Probate Questions & Legal Answers

245 legal questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

My mother passed about 6 months ago. She was married at that time, spouse is still living. She had 2 children only one living. Who gets her 401k?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

Federal law requires that a 401k pass to a surviving spouse unless, during the marriage, the surviving spouse waived his rights, communicating this to the plan administrator.

Federal law requires that a 401k pass to a surviving spouse unless, during the marriage, the surviving spouse waived his rights, communicating this... Read More

I signed a quit claim deed over to my ex wife. She passed prior to her being able to refinance the home in her name. I am yet still responsible.

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett | 1 Answer

A quit claim deed does not pass title. It merely notes that someone is quitting his claim to a right to use property, such as an easement. Talk with a local residential real estate lawyer about cleaning this up.

A quit claim deed does not pass title. It merely notes that someone is quitting his claim to a right to use property, such as an... Read More

My dad passed without a will

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett | 1 Answer

It appears that your father has died. It is not clear whether your father's girlfriend deeded the house to him and her niece or left it to them in a Will. In either event, your father's half interest passes to his beneficiaries (if he had a Will) or heirs (if he did not). Contact a probate attorney who practices in the county in which your father died to secure your rights to both the house and the personal property. Knowing that an action for conversion (converting your father's property to hers) may be filed may give the niece some incentive to return your father's personal property, if she has not disposed of it.... Read More

It appears that your father has died. It is not clear whether your father's girlfriend deeded the house to him and her niece or left it to them... Read More

If a probate attorney steps aside before closing probate can another attorney take over?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett | 1 Answer

A Motion to Substitute and proposed Order Granting Motion to Substitute must be signed by the withdrawing and the substituting attorney and filed with the court.

A Motion to Substitute and proposed Order Granting Motion to Substitute must be signed by the withdrawing and the substituting attorney and filed... Read More

Can I still record a quit claim deed after my mom has passed away but was signed and notarized before her death?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett | 1 Answer

A quit claim deed does not pass title. It merely states that a person will quit claiming a right to use, for example, a path over someone else's property -- not that they own the path and are passing ownership to someone else. If your mother wanted to avoid probate with regard to the house, she should have signed before a notary and recorded a General Warranty Deed Reserving Enhanced Life Estate, colloquially known as a Lady Bird Deed.... Read More

A quit claim deed does not pass title. It merely states that a person will quit claiming a right to use, for example, a path over someone... Read More

So my grandfather passed away in December he was leaving the house to my mother she Passed away in April she has five Sisters and brother do I have

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett | 1 Answer

Hire a probate lawyer who practices in the county in which your grandfather died to probate (prove) his estate. Then hire a probate lawyer who practices in the county in which your mother died to probate her estate. When there is no Will, probate involves determining who are the heirs. You mother's siblings are, with her, heirs of your grandfather if your grandmother predeceased him. You and your siblings are heirs of your mother if her husband predeceased her.... Read More

Hire a probate lawyer who practices in the county in which your grandfather died to probate (prove) his estate. Then hire a probate lawyer who... Read More

how do i know if i have to go through probate court after the death of my mother? My father is also deceased.

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett | 1 Answer

Yes, both Wills must be probated before the executor can record a Distribution Deed transferring the home to you.

if I am a stepchild but my parents were married how can I get the properties and into the bank account

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett | 1 Answer

If dad adopted you, you are his heir and can hire a local probate lawyer to help you apply for a determination of heirship and authority over his property so that you can settle his estate. If he did not adopt you, you will not inherit.

If dad adopted you, you are his heir and can hire a local probate lawyer to help you apply for a determination of heirship and authority over his... Read More

What are my legal rights to inherent what belonged to her.

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett | 1 Answer

Please ask a local probate attorney to review the S corp bylaws (if they are available). These usually provide how interests should pass when an owner dies. It is likely that the owners' interests pass to one another, not to their children. If your stepfather does not apply to probate the estate, you can.... Read More

Please ask a local probate attorney to review the S corp bylaws (if they are available). These usually provide how interests should pass when... Read More

My mother has passed away she had no will. My nephew wants to take over her mortgage I be g the oldest sibling do not want any part of the property.

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett | 1 Answer

No. The estate must first pass through probate, pay your mother's debts and distribute the rest according to the inheritance laws of Florida. If you are the "oldest sibling," you have siblings who (assuming your father is gone) will also inherit. You can then gift your interest in the estate to your nephew. Whether your siblings will also gift their interest is another question. Whether the mortgagee/lender will foreclose, whether the estate administrator will sell the house, whether there will be money left after paying the debts are additional questions.... Read More

No. The estate must first pass through probate, pay your mother's debts and distribute the rest according to the inheritance laws of... Read More

Register of Will in Maryland

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett | 1 Answer

The Will must be presented for probate (proving) by a probate lawyer licensed in the state and practicing in the county in which the person died.

How to cash an estate check?

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett | 1 Answer

There is a small estate procedure in Florida but you are correct: even that would probably cost more than $400, most of the $400 being taken in court filing fees. If you do nothing, in four to six years (depending on the state), the funds will go to Unclaimed Property with the state comptroller. Your mother can apply for them then. It is a hassle. It takes time. But it does not involve court filing fees or lawyers.... Read More

There is a small estate procedure in Florida but you are correct: even that would probably cost more than $400, most of the $400 being taken in... Read More

Is it required to put a beneficiary's social security number on your will in the state of Florida?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett | 1 Answer

A Will should never contain a Social Security number. When it is filed for probate (proving), a Will becomes a public document. The Social Security number could be used by theives.

A Will should never contain a Social Security number. When it is filed for probate (proving), a Will becomes a public document. The... Read More

We are currently going through foreclosure on our deceased parents property, but money is very scarce to pay for our depth on the deeds.

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett | 1 Answer

Check with a local attorney to see whether the property is subject to forbearance or some other program.

If someone who is listed in Will as power of attorney and they have not yet been appointed by a judge and the Will isnt open yet. Can they still use i

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett | 1 Answer

An agent under a Durable Power of Attorney has no power after the person who granted the power died. An executor named in a Will has no power until a probate court appoints him.

An agent under a Durable Power of Attorney has no power after the person who granted the power died. An executor named in a Will has no power until... Read More

This is for the division of retirement for state of floridaI am trying to get survivor benefits for my kids need order determining beneficiaries

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett | 1 Answer

It is not a form but a Court Order. Contact a local probate attorney.

How can I change my beneficiary

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett | 1 Answer

Ask a local estate planning lawyer to help you make an amendment (called a "codicil"). It must be signed, witnessed and notarized with the same formality as the Will.

Ask a local estate planning lawyer to help you make an amendment (called a "codicil"). It must be signed, witnessed and notarized with the same... Read More