Probate Legal Questions

If there is no will, then there is not an executor. A court would appoint an administrator in this case. An administrator is charged with following intestate law in this case.  See a local attorney. You should likely inherit something. Something like 1/10 if there are 10 children. Less if father was married when he died.... Read More

You need to be appointed as the administrator of your father's estate by the probate court. You can file disclaimers of the other heirs into the case and then deed the property to yourself as administrator.  You should consult with an attorney to make sure that this is done properly. The time an money you save by doing it properly will be your own. ... Read More

Usually, if a beneficiary of a life insurance policy predeceases the policy holder and there is no contingent beneficiary, the life insurance policy will pay the estate of the decedent and then ultimately to the beneficiaries of the estate of decedent. Probate may be required to allow administrator / executor to obtain the payout from the insurance company.... Read More

Please accept my condolence on the loss of your husband. As for your question, there is literally no way that anyone online can tell you what you need to do in order to sell your house, because the answer depends on how the home was owned at your husband's death. If you and your husband owned the house as joint tenants with rights of survivorship (which means that the deed not only lists both of you as owners but also that it contained language clearly stating that you owned the property as joint tenants or with rights of survivorshp- just your names without the other language means you owned it in a different kind of joint ownership), then the house is already yours and you can sell it without doing anything else. You will just need to provide a certified copy of the death certificate (the green copy with the seal on it) when you sell. If you and your husband owned the property jointly, but NOT as joint tenants, then his half of the property is part of his estate and you will either need to offer his Will for probate and get an Executor appointed for his estate in order to handle his interest in the house OR you will need to make a claim for a Year's Support and have his interest in the property awarded to you that way. If the house was owned solely in your name, or in only your trust, you don't have to do anything. If the house was owned solely in your husband's name, then you have to either probate or make the year's support claim, but for all of the property instead of only his share. If the house was owned solely in your husband's trust, then you shouldn't have to probate, but you will need to deal with the trust and make sure that the Trustee takes whatever steps are needed to either help sell the house or distribute it to you so you can sell it. Do NOT try to do any of those things on your own, and DO NOT rely on this answer. Get a consultation with an experienced probate attorney before you decide what to do or file anything with the probate court. The attorney will need to review the deed, the Will, and the trust and understand the actual facts of your situation and provide you with advice. Best wishes to you.  ... Read More

It's a little hard for me to tell exactly what has transpired here.  From what you've said, it sounds like your father needs a conservatorship and guardianship, to look after both his financial and business affairs, and his health and daily care. I'm not clear on whether the existing order puts his wife in that position? If not, and you were to ask the court to impose these protective orders, they would supersede a power of attorney. In any event, the court could hear an objection by you that you are wrongfully being kept from your father by his wife.  Basically, it sounds like to you need to go back to court, either for this purpose, or to have yourself appointed as guardian or conservator, or to obtain an order that you be allowed to visit your father.... Read More

In most cases, a child can still inherit from a parent who gave up that parent's parental rights if the parent dies with no Will. The exception would generally be that, if the child is legally adopted by someone, then that child may  not be able to inherit from the biological parent and would instead inherit from the child's adoptive parent.... Read More

More information  is needed.   Generally, a will needs to be submitted to probate court so that the validity of the will can be determined.    Probate court also requires notice be sent to the various hiers and benificaries of the decedent.   In the probate process, the benificiars are required to have notice as to the contents of the will.   Further, cetain assests such as jointly owned property, bank accounts, etc. may pass out side of a will.   Under certain circumstances, if the probate process is not intiated in a timely fashion, intrested parties may be able to intiate the estate adminstration process. Under the circumstances, it would be in your husband's best intrests to contact an attorney to fully discuss your husband's situation with his father's esated and how to proceed.   Best Regards, Attorney Lasko tel 203 329-6602 www.laskolaw.net... Read More

Life insurance proceeds do not pass through the probate court. However, since your father was the beneficiary of mom's life insurance policy, and he is now deceased, you have to open up a probate case for your father and collect the proceeds of the policy, and then the court would distribute them to wit: to the heirs under Dad's will, or if Dad died without a will, then they would pass to the closest blood relatives under Florida's intestacy statute. Of course, keep in mind this is just the general rule. You would need to discuss all the facts and review all the documents with an attorney here in Florida for more specific advice.... Read More