answered on Jun 8, 2022
The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes... Read more »
SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights
answered on Jun 8, 2022
To best answer your question one would have to read your father's Will. For example, if your father's Will created a trust for your father's wife funded by all his assets with her getting the income for life and on her death, the assets pass to you and your siblings, then it is... Read more »
SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights
answered on Jun 8, 2022
Your father's wife has no authority to change the plan of distribution for your father's estate except as to the share she inherited.
not used. Can the Estate Exemption be transferred to the heirs? What can be done?
answered on Jun 7, 2022
It can only be transferred to a spouse. Also, it must be done within a short window of time.
No spouse, no living parents. He owns 1/2 his house which was just sold, some precious metals, and cash. Does his daughter get all of it, or am I entitled to any, and how much?
answered on Jun 7, 2022
The answer will depend on the law where your brother was domiciled when he died. If he was living in Nevada, you need a Nevada lawyer. In all likelihood, by the most common intestate succession framework, his primary heirs are his spouse (whom you don’t mention) and his issue (the daughter).
4 children. Personal representative gave 3 of them $146,000. A trust for the diabled 4th child was to be funded with $146,000. No trust yet 9 months later. How much time legally to create trust?
answered on Jun 7, 2022
There is no time limit or requirement for the nominated personal representative to administer the estate. If they fail to act, another party can choose to put the case through probate. If a personal representative has already been appointed, several factors affect the timing of distributions and... Read more »
answered on Jun 7, 2022
Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;
736.05055 Notice of trust.—
(1) Upon the death of... Read more »
My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »
answered on Jun 7, 2022
Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.
Contact myself or another... Read more »
It has a 26 thousand dollars balance, can I keep it or do I have to sell it?
answered on Jun 7, 2022
To fully answer your question would require additional information because whether or not you can keep the house will depend upon a number of factors. Are there other assets which can be used to pay off the mortgage? Are there other debts beside the mortgage which must be paid? Are there other... Read more »
answered on Jun 4, 2022
Oftentimes a Will will cancel debts owed to the estate. If your brother is the administrator (not the executor of the Will), then this suggests there was no Will. Proper administration of the estate requires that your brother prepare an inventory, accounting, and request final distribution by way... Read more »
number on the report. can this be used to discredit the document examiners competence for court trial? the examiner was hired by opposing party under their direction to state that a signature does not match. but their are two witnesses to the will that verified that the decedent signed the will.
answered on Jun 3, 2022
I suspect that if the document examiner is not competent, then the court would have figured that out beforehand and they would have been fired. However, if you wish to challenge their opinion by establishing that the document examiner did not take time to properly evaluate the matter, then the... Read more »
“Essentially, a partition action is a legal proceeding that forces the sale of a piece of property. In Florida, partition of a property in probate cases is governed by Florida Statute 733.814, which states, “[w]hen two or more beneficiaries are entitled to distribution of undivided interests in... Read more »
answered on Jun 3, 2022
The estate would be essentially closed when the property is distributed. Thus, if the property has been distributed to the beneficiaries, it would be one of them, not the estate, who would file the partition action.
How does one transfer the deed from the deceased to the living relative? Get the property appraised and put on the market once inheritance is established.
answered on Jun 3, 2022
I assume that he didn't reside in Puerto Rico, but in Florida. If so, you (or one of his sisters) need to file a probate petition with the court in the county where your uncle resided. Whoever does this needs to do it through an attorney. You probably also need to file an ancillary probate... Read more »
The state was settled the house was sold and they're asking for if there's anything that can be done to have my brother repay what he's owed my mother
answered on Jun 3, 2022
If the Estate was Probated, then the Administrator should have pursued him on the debt. The Administrator might be liable as the fiduciary for negligence, hopefully serving under a Bond. If no Probate, then probably noone has standing to collect. Consult with a competent CA attorney.
My mother died and had three life insurance policy’s. I was the sole beneficiary for all but one. The last one states it goes to the estatee, nobody was named. Who will that policy go to? Will it split between all children or will we have to go to court for one person to get it?
answered on Jun 3, 2022
A life insurance policy payable to the estate should be deposited in the estate account. The personal representative of the estate should have opened an estate bank account and obtained a taxpayer identification number for the estate. The personal representative must qualify through an... Read more »
answered on Jun 3, 2022
Yes. It is not clear who died in your recitation of facts. Either way, you or your mom needs to file a petition to be appointed as the personal representative of the estate.
If it is your mother who died, the personal representative will then have the authority to collect the debt.... Read more »
answered on Jun 2, 2022
Do these items have significant value or will they be an issue in how the estate is divided?
At most ‘misc. personal/household goods’ is probably fine but … there are probably lots of other pitfalls that you’re not considering.
I’d strongly recommend you consult with a... Read more »
answered on Jun 2, 2022
Probate courts has subject matter jurisdiction over name changes.
We can only find a copy of my grandfather's Will. His attorney has a copy as well but the original was given back to him
answered on Jun 2, 2022
Without your grandfather's original signature any copy is just that a copy.
If there is no will and the only major asset was a primary residence owned jointly with the surviving spouse, will the surviving spouse be eligible for 100% of the real estate simply because they were jointly on title? All other assets probably worth under $20K.
answered on Jun 2, 2022
Without seeing the deed I cant say for certain but I would be very surprised if the estate did not pass exactly as you describe.
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