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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 7
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Wills and Probate
Florida

Recent Legal Answers

what can i do about my brother not going by my sisters living will

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
too little information. is sis in a vegetative state, is bro the agent, what does the hospital say. talk to FLA lawyer.
too little information. is sis in a vegetative state, is bro the agent, what does the hospital say. talk to FLA lawyer.

My sister and I are to split everything in my mothers will.How do I get the will enforced.

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
an attorney needs to look at the will . if it allows the house to be sold and the proceeds split, and your sis doesnt agree, you may end up in court. ask the lawyer for the estate, he has all your answers.
an attorney needs to look at the will . if it allows the house to be sold and the proceeds split, and your sis doesnt agree, you may end up in court.... Read More

4 million inheritance

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
a lwyer would have to look at all the paperwork to see if the funds could be invaded before payable.
a lwyer would have to look at all the paperwork to see if the funds could be invaded before payable.

A question about the wording in a Will and Testament. Does this wording mean that deceased is leaving everything only to her daughter

Answered 12 years and 8 months ago by attorney William R. Pelger   |   2 Answers
it appears so, at least under PA law.
it appears so, at least under PA law.

My mother died. I want to sell her house.

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
sounds like you need an attorney for the probate of mom's property.
sounds like you need an attorney for the probate of mom's property.

my mother just passed away a few weeks ago

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
the question if hard to understand but if the house is still in mom's name, you have a financial interest in it and need to see a FLA attorney immediately.
the question if hard to understand but if the house is still in mom's name, you have a financial interest in it and need to see a FLA attorney... Read More

My mother died. I have 10 days to file the will.

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
check with a FLA lawyer but normally accounts with beneficiaries listed or that are jointly held with the deceased person, are not considered to be estate property and would not be required to go through probate.
check with a FLA lawyer but normally accounts with beneficiaries listed or that are jointly held with the deceased person, are not considered to be... Read More

Do we need a will, my wife and I as we own a house in Florida and are Canadians citizens and permanent canadian residents.

Answered 12 years and 9 months ago by attorney Mr. David Di Pietro   |   1 Answer
You should consider putting the property in the name of a trust agreement. If you put the property into a trust, it will pass outside of probate. My contact information is below if you would like further assistance. I'm sure we can help. Florida Litigation Law Firm The Law Offices of David Di Pietro, P.A. Legacy Bank Building 12 SE 7th Street Suite 712 Fort Lauderdale, FL 33301 (954) 712-3070 - Office www.FloridaLitigationLawFirm.com David@FloridaLitigationLawFirm.com ... Read More
You should consider putting the property in the name of a trust agreement. If you put the property into a trust, it will pass outside of probate. My... Read More

amending existing will

Answered 12 years and 9 months ago by attorney Mr. David Di Pietro   |   1 Answer
My law office can assist and we are close by. My contact information is below. Florida Litigation Law Firm The Law Offices of David Di Pietro, P.A. Legacy Bank Building 12 SE 7th Street Suite 712 Fort Lauderdale, FL 33301 (954) 712-3070 - Office www.FloridaLitigationLawFirm.com David@FloridaLitigationLawFirm.com ... Read More
My law office can assist and we are close by. My contact information is below. Florida Litigation Law Firm The Law Offices of David Di Pietro,... Read More

I have a Will but need to modify it. Do I need a new complete will, or can an attorney make the changes for me at a nominal fee?

Answered 12 years and 9 months ago by attorney Mr. David Di Pietro   |   1 Answer
Minor changes to Goodwill are done through what's called a codicil.
Minor changes to Goodwill are done through what's called a codicil.

my husband passed on may 18. He has two accts w/dade co cred union. however theres no beneficiary named. All I have is his acct number, no statement

Answered 12 years and 9 months ago by attorney Mr. David Di Pietro   |   1 Answer
My law office can assist you. I am available to speak today. Please feel free to give me a call. David Di Pietro 954-369-1049
My law office can assist you. I am available to speak today. Please feel free to give me a call. David Di Pietro 954-369-1049

will of my deceased mother

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer
FLA probably has jurisdiction. you need to ask a FLA attorney regarding the marking on the will. those issues can get tricky and could result in a hearing as to wether the markings invalidate the will.
FLA probably has jurisdiction. you need to ask a FLA attorney regarding the marking on the will. those issues can get tricky and could result in a... Read More

My husband died 6 months before his mother he was listed as a beneficiary on a life insurance policy am I entitled to it as his wife or does it have

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer
normally, if a beneficiary dies before the policy owner, it passes to the contingent/alternate beneficiary. if no alternate beneficary is named, the policy lapses and is now paid to the estate of the mom.
normally, if a beneficiary dies before the policy owner, it passes to the contingent/alternate beneficiary. if no alternate beneficary is named, the... Read More

What would it cost me to use an attorney to draw up will

Answered 12 years and 10 months ago by attorney Astrid de Parry   |   1 Answer
It depends on the attorney. My firm charges $500.00 for an individual estate planning package which includes: Will, DPOA, Health Care Surrogate, Living Will and Medical Authorization.
It depends on the attorney. My firm charges $500.00 for an individual estate planning package which includes: Will, DPOA, Health Care Surrogate,... Read More

should I file my will at the court house?

Answered 12 years and 10 months ago by attorney Astrid de Parry   |   1 Answer
No. Florida law requires the custodian of the will deposit the will with the Clerk of Court within 10 days of learning of the testator's death.
No. Florida law requires the custodian of the will deposit the will with the Clerk of Court within 10 days of learning of the testator's death.

Can a bank close cds for lack of contact

Answered 12 years and 10 months ago by attorney Astrid de Parry   |   1 Answer
If a payable on death beneficiary is designated, the CDs should have passed to the designated beneficiary regardless of what the Will says. If you owned the CDs jointly with your Step-Mother, meaning your name was also on the CDs, you should have the paperwork from the bank reviewed by an attorney.... Read More
If a payable on death beneficiary is designated, the CDs should have passed to the designated beneficiary regardless of what the Will says. If you... Read More

Why is this so unbelieveable? I havn't run across one person that sees this as my mom's final wish and as my sister's WRONG DOING!

Answered 12 years and 11 months ago by attorney Astrid de Parry   |   1 Answer
It does not matter what the will states, if the CDs were payable on death to one individual. Assets with payable on death designations pass outside of the probate process.
It does not matter what the will states, if the CDs were payable on death to one individual. Assets with payable on death designations pass outside... Read More

safety deposit boxes

Answered 12 years and 11 months ago by attorney Astrid de Parry   |   1 Answer
It sounds like the Bank is requiring some type of Court Order to open the box. You should consult with a probate attorney in your area. Astrid de Parry, P.A. (386) 736-1223 DeLand, FL
It sounds like the Bank is requiring some type of Court Order to open the box. You should consult with a probate attorney in your area. Astrid de... Read More

my parents refuse to talk to me about their will is it possible to attain a copy with out them knowing or pissing them offc

Answered 12 years and 11 months ago by attorney Astrid de Parry   |   1 Answer
No. I would suggest that you respect their privacy.
No. I would suggest that you respect their privacy.

Should I use a Lawyer or Online service to write a will and setup trust?

Answered 12 years and 11 months ago by attorney Astrid de Parry   |   1 Answer
You should consult with an estate planning attorney in your area. He or she can assist you with the creation of an estate plan. The price depends on the area, and the attorney. Using an online service usually creates more work for attorneys. I have helped clients with mistakes made by online services. Fixing the mistakes usually costs the clients more money in the end. Astrid de Parry, P.A. (386) 736-1223 ... Read More
You should consult with an estate planning attorney in your area. He or she can assist you with the creation of an estate plan. The price depends on... Read More

I want to leave my home to my children instead of my husband. I have owned my home 16 years but have only been married to my present husband for 2.

Answered 13 years ago by attorney Astrid de Parry   |   1 Answer
You should meet with an estate planning attorney. If the property is your homestead property, you will need your husband's consent. Under Florida law, you can't devise away your homestead property if you have minor children or a spouse. In your situation the spouse receives a life estate, and the children a vested remainder. Astrid de Parry, P.A. (386) 736-123... Read More
You should meet with an estate planning attorney. If the property is your homestead property, you will need your husband's consent. Under Florida... Read More

If I have a complaint who should I address this to. Who are attornies answerable to in Orlando Florida.

Answered 13 years ago by attorney Astrid de Parry   |   1 Answer
More is needed to answer your question. You can contact the local bar association to find an attorney. Astrid de Parry, P.A. (386) 736-1223
More is needed to answer your question. You can contact the local bar association to find an attorney. Astrid de Parry, P.A. (386) 736-1223

Do I need to report life insurence to my probate lawyer?

Answered 13 years ago by attorney Astrid de Parry   |   1 Answer
If you are a beneficiary of insurance policy, it passes to you outside the probate process. Only asset in sole name of the decedent go through probate. Astrid de Parry, P.A. (386) 736-1223
If you are a beneficiary of insurance policy, it passes to you outside the probate process. Only asset in sole name of the decedent go through... Read More

What is the proper way to make a change to my will?

Answered 13 years and a month ago by attorney Astrid de Parry   |   1 Answer
She can't make changes to her will by writing out the changes on paper. She should meet with an estate planning attorney, to ensure her changes are executed properly. Astrid de Parry, P.A. (386) 736-1223.
She can't make changes to her will by writing out the changes on paper. She should meet with an estate planning attorney, to ensure her changes are... Read More

How long does it take to transfer a property from my deceased husband to me

Answered 13 years and a month ago by attorney Astrid de Parry   |   1 Answer
If you are represented by counsel, it is not appropriate for other attorneys to give you advice. You should direct your questions to your attorney.
If you are represented by counsel, it is not appropriate for other attorneys to give you advice. You should direct your questions to your attorney.
Wills and Probate
Florida

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