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Florida Probate Legal Questions

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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.
Florida Probate Questions & Legal Answers - Page 4
Do you have any Florida Probate questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 245 previously answered Florida Probate questions.
Wills and Probate
Florida

Recent Legal Answers

who is responsible for HOA fees when condo is paid for, owner deceased and no will.

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
The son's estate is responsible for the HOA fees.  Your wife could apply to probate his estate and receive the property as his heir (if he did not leave a spouse or children or father).  She could also not apply and let the HOA, as a creditor, apply to probate the estate and sell the condo to recover unpaid HOA fees.... Read More
The son's estate is responsible for the HOA fees.  Your wife could apply to probate his estate and receive the property as his heir (if he did... Read More

My mother died ad left money in an account. I have siblings but don’t know their whereabouts

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your mother died without a Will, you will need a form from each sibling agreeing and will need to distribute part of the money to them. If your mother died with a Will, you will need to notify them and distribute part of the money to them. You may be able to find them using online search.  You may need to hire a private investigator.... Read More
If your mother died without a Will, you will need a form from each sibling agreeing and will need to distribute part of the money to them. If your... Read More

I have a car that was my mothers. Upon her passing the car went to her husband, my stepdad. I cannot get title as he did not leave the car to anyone

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Ask a local probate lawyer whether Florida would treat the car as your mother's separate property and, if so, whether you would have an interest in it.  You may have a part interest.
Ask a local probate lawyer whether Florida would treat the car as your mother's separate property and, if so, whether you would have an interest in... Read More

How to deed property to another person?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Consult an elder law attorney about creating a Lady Bird or transfer on death deed.  You can find one near you by using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Consult an elder law attorney about creating a Lady Bird or transfer on death deed.  You can find one near you by using the Find a Lawyer... Read More

CAN MY BROTHER HAAS THE RIGHT TO NOT ALLOWED ME TO ENTER MY MOTHER DECEASED HOME

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your brother is the executor of your mother's Will, he has, once the court appoints him, a duty to collect her property, which includes her house.   If your mother left no Will, you can apply to administer her estate and exercise this duty.   Contact a local probate lawyer.... Read More
If your brother is the executor of your mother's Will, he has, once the court appoints him, a duty to collect her property, which includes her... Read More

MY COUSIN HAS LIVED WITH ME FOR THE PAST 12 YEARS, I CARED FOR HIM FROM PTSD, TO A HEART ATTACK FOLLOWED BY 2 STROKES, , HE PASSED 11/28/2019 I ,

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact Volunteer Legal Services in your area.  Your county or state bar association may be able to direct you to other sources of free legal representation.
Contact Volunteer Legal Services in your area.  Your county or state bar association may be able to direct you to other sources of free legal... Read More

Can i read my granothers will

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
When the Will is submitted for probate, it becomes a public document.  You can contact the local probate or county clerk and read it then.
When the Will is submitted for probate, it becomes a public document.  You can contact the local probate or county clerk and read it then.

Is there a trust fund somewhere in my name

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Trust instruments are private documents. However, in many states a trustee must provide a beneficiary 25 or over with an accounting.  If you are 25 or older and have not received one, there may well be no trust or, if there is one, you may not be a beneficiary.  
Trust instruments are private documents. However, in many states a trustee must provide a beneficiary 25 or over with an accounting.  If you... Read More

Can I do judgement administration instead of probate

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Some states have a simplified probate procedure which costs less.  Others permit an Affidavit of Heirship for a house and, in some cases, a car.  Contact a local probate attorney to find which fits best with your situation.
Some states have a simplified probate procedure which costs less.  Others permit an Affidavit of Heirship for a house and, in some cases, a... Read More

Trying to find out who is in control of his estate

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
It appears from your description that either your parents are divorced or your mother is dead, leaving your father as your brother's heir.  IF the Durable Power of Attorney authorizes your father's girlfriend to act with regard to estates and inheritances, she can apply, as his agent, to open an estate.  If not, you may need the local probate court to appoint someone.  Consult a local probate attorney, taking a copy of the Durable Power of Attorney.... Read More
It appears from your description that either your parents are divorced or your mother is dead, leaving your father as your brother's heir.  IF... Read More

Can I still live in house even though probate just opened?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Find someplace...and soon.  The estate administrator's duty is to assemble the assets, pay the debts and distribute the rest according to that state's laws of inheritance.  Allowing you to live rent free in the home would be wasting the estate and violating her duty.
Find someplace...and soon.  The estate administrator's duty is to assemble the assets, pay the debts and distribute the rest according to that... Read More

Have multiple questions related to probate, Quit Claim Deed and Homestead Property

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
If you want things reviewed by a lawyer (which cannot be done on this forum), hire a probate lawyer who practices in your county.   You may be able to find one by checking with the Florida state bar.
If you want things reviewed by a lawyer (which cannot be done on this forum), hire a probate lawyer who practices in your county.   You may... Read More

My mother passed away in May 2019 she has a 401(k) in the state of Florida my stepfather was her beneficiary but he passed away in the 90s

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your stepfather predecreased your mother AND she did not name contingent beneficiaries, the 401k will pass pursuant to her Will or, if she had no Will, to the Florida laws of intestacy.  You might want to contact the executor or administrator of her estate.
If your stepfather predecreased your mother AND she did not name contingent beneficiaries, the 401k will pass pursuant to her Will or, if she had no... Read More

do i have a right to my mothers 401 whom passed away in may 2019 my step father was her beneficiary but he passed away in the 90's & she never changed

Answered 6 years and 7 months ago by attorney Mr. Fred E. Glickman   |   3 Answers
  There is a good chance that under the rules of the 401(k), a beneficiary has to survive the deceased and, if not, the estate of the deceased is the beneficiary.   This would mean that you need to open a probate estate for your mother, and the money would flow according to her will or, if there was none, in equal shares to her children (if she died without a spouse), after payment of administrative expenses.   You need to first check with the people who administer the 401(k).... Read More
  There is a good chance that under the rules of the 401(k), a beneficiary has to survive the deceased and, if not, the estate of the deceased... Read More

How can I rebuke an objection to a claim that I made?

Answered 6 years and 7 months ago by attorney Mr. Fred E. Glickman   |   2 Answers
File a Notice of Revocation of Objection.
File a Notice of Revocation of Objection.

How long should it take to draw up paperwork for a simple summary administration petition?

Answered 6 years and 7 months ago by attorney Mr. Fred E. Glickman   |   1 Answer
It is a pretty simple form, so I would say 30 minutes to an hour, depending upon the nature and extent of the assets.  Once the form is filed, it might take some time to get the judge to approve it.   This depends on the court system where you live.
It is a pretty simple form, so I would say 30 minutes to an hour, depending upon the nature and extent of the assets.  Once the form is filed,... Read More

How do I find out what property and money my dad left for me?

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may need to ask this question of a lawyer there.
You may need to ask this question of a lawyer there.

Do I have the right to research my Passed Fathers financial history to see if his current wife changed a policy that I was the beneficiary on

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
401ks pass to the surviving spouse unless she waives her right in a writing delivered to the plan administrator during the marriage.  Maybe you were the contingent beneficiary.
401ks pass to the surviving spouse unless she waives her right in a writing delivered to the plan administrator during the marriage.  Maybe you... Read More

probate no will 3 siblings

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may file a claim against the estate for expenses for which you have records.  Your sister is not bound to give you her share.
You may file a claim against the estate for expenses for which you have records.  Your sister is not bound to give you her share.

What can I do if my brothers and the lawyer didn't even go by the will

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local probate lawyer to review the situation.
Contact a local probate lawyer to review the situation.

how does ex husband execute will with irrevocable clause

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Consult a Florida estate planning attorney.
Consult a Florida estate planning attorney.

How do I find my dad's attorney who had his will?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
The attorney who drafted it may have the original or may have a copy. To flush out the original, hire a local probate attorney to file an application for a determination of heirship. Also contact social security and ask your brother whether he would like to go to small claims court to bring an eviction action.  ... Read More
The attorney who drafted it may have the original or may have a copy. To flush out the original, hire a local probate attorney to file an... Read More

Find who is handling my grandmothers will and probate

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will which has been submitted for probate is a public document.  Check with the county probate clerk.  Some have records online.
A Will which has been submitted for probate is a public document.  Check with the county probate clerk.  Some have records online.

Can I go down and change the deed into my name legally

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
The Wills must first be admitted to probate (proven) in court.  Contact a local probate attorney.
The Wills must first be admitted to probate (proven) in court.  Contact a local probate attorney.

what is the best way to insure my adult children take ownership of my home upon my death?

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer
Talk to a local elder lawyer about a transfer on death deed, available in many states.
Talk to a local elder lawyer about a transfer on death deed, available in many states.
Wills and Probate
Florida

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