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Your current state is Florida
Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will... View More 
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answered on Jul 31, 2023
This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and... View More
Father gave me a truck back in Feb my sister who has power of attorney refused to give me title. Needing a vehicle I traded it for one that was ready to go as the truck wasn't anyway needing a motor. My father took my sister's side and reported it stolen the. Passed away. Now I have... View More
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answered on Jul 31, 2023
Hire a CO criminal lawyer now. He will need to gather the facts of the transfers,and determine who the next of kin of the Father is, But that probably means you only own an interest in the vehicle, not the whole. You will need a witness who can swear to the next of kin's identification.... View More
Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?
answered on Jul 31, 2023
This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax... View More
Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?
answered on Jul 31, 2023
If there is a surviving spouse and children, all of them would be entitled to compensation from the wrongful death claim. The children would need to file renunciations in order for the spouse to receive full compensation from the wrongful death claim. You are likely dealing with very complicated... View More
and bank account and left her the items in the home. The will states if I am married She gets the house and bank account. I am not married NEVER have been. She is his 6th wife he never put her on any bank account, credit card, or deed to house. They were married only 9 years. She has lied and told... View More
answered on Jul 31, 2023
The will must be filed with the probate court to initiate his probate estate. The will and other documents filed with the court are public records that can be searched on-line. No one can prevent you from filing objections or motions with the probate court. Use the Find a Lawyer tab to retain a... View More
Is this still true if the trust has not been funded?
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answered on Jul 30, 2023
If the trust is unfunded, then all of the decedent’s assets that do not have beneficiary designations become part of the decedent’s probate estate and, having no will, the decedent’s estate will be governed by the laws of intestate succession.
This demonstrates a classic estate... View More
He has paid the taxes from 2018-2022.
answered on Jul 29, 2023
Assuming that he doesn't have "color of title" (something in writing giving him a claim to the property), he must comply with Florida Statute 95.18 (entitled "Real property actions: adverse possession without color of title").
That statute requires that he make... View More
He has paid the taxes from 2018-2022.
answered on Jul 30, 2023
Not very easily. A probate will need to be done and the property will go to the person mentioned in a Will or Trust, as designated on the deed or via Florida Intestate Statutes (without a Will), so, unless they are specifically mentioned and unless they meet the lengthy adverse possession... View More
father (Grantor) passes away before the (Grantee) his mother shortly after completing the quit claim deed. If fathers name is now under the mortgage and he’s married, what happens to the house ? Can mother keep the home and continue to pay? Is the deed nulled ?
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answered on Jul 29, 2023
If the father (grantor) passed away after filing the quitclaim deed and his mother (grantee) also passed away, the house will likely become part of the father's estate. The distribution of the property will be governed by the father's will or California intestacy laws if there is no will.... View More
Mother passed away left nice house to three daughters one of them executive of will and she just want to sell for whatever. Doesn't all have to agree on price.
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answered on Jul 28, 2023
Has a Will been filed for Probate? If so then read it. If specific real property is devised to the three daughters, then all three own as tenants in common. If not, the executrix may have the authority to sell assets and distribute the net proceeds to all beneficiaries. If she has the power... View More
On June 2023 my mother passed on leaving a truck and van in her name brought by my father years back. I have a problem with 4 siblings. All siblings are not related to marriage of mother and father they are from different marriages. I wasn’t born yet when they got married and now I am heir in... View More
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answered on Jul 28, 2023
If your mother died single (widowed) and is survived by any descendants at all and did NOT have a will, then her heirs at law are her then living biological and adopted children and descendants of any predeceased biological and adopted children. Stepchildren of your mother are NOT heirs at law if... View More
There is a will and a life estate that is transferring to me. Do I need to do a notice of administrative?
answered on Jul 28, 2023
Generally, if there are any assets in the name of the deceased alone, then a probate will more than likely be required of one type or another. You will need to provide additional details to a Florida Probate Attorney and they will need to review the Will/Property Deed and the circumstances so they... View More
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answered on Jul 27, 2023
Call any attorneys that the Decedent might have used. Call the County Probate Court where the Decedent lived and check if any Probate proceedings have begun. Look through the Decedent's papers, safes, desks, etc. If nothing else, file an intestate administration in the appropriate County.
The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More
answered on Jul 27, 2023
If the mortgage is not paid, the mortgage company will simply foreclose on the property, sell it, and apply the proceeds to the unpaid mortgage amount. If there is a deficiency, it will submit a claim to the personal representative of your mother's estate when it is probated. If there is a... View More
The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More
answered on Jul 27, 2023
The mortgage company would like you to assume, in writing, the liabilities of the mortgage. Don't do so unless you think it through carefully. Her estate could be squeezed by the IRS or the mortgage company, and there does not seem to be much cash.
When your mother died, all property... View More
When my mother died, my older brother did not want anything to do with her estate because 1:he did not like or want anything to do with her and 2: she didn't have much. He told me to go ahead and sign for her bank account and anything else it's all mine. So now I am due an inheritance... View More
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answered on Jul 28, 2023
If your older brother voluntarily disclaimed his share of the estate, and you have an affidavit stating that you are the sole successor to your mother's estate, then you are entitled to receive her share of the inheritance from your late grandmother. Your brother's decision not to be... View More
When my mother died, my older brother did not want anything to do with her estate because 1:he did not like or want anything to do with her and 2: she didn't have much. He told me to go ahead and sign for her bank account and anything else it's all mine. So now I am due an inheritance... View More
answered on Jul 28, 2023
If mom died before grandfather, she cannot inherit from him, only live people inherit. The issue is what does Grandfather's estate plan say. If Grandfather left property to you mom "or her heirs." you and brother could be inheriting directly from grandfather, and his waiver may... View More
Has his signature and my signature before he passed giving me the title to the house is the house can be legally mine if it states do as you need sell it to your behalf or whatever you need to do to maintain this property cuz he can no longer maintain it and he is the last of kin legally is that... View More
answered on Jul 27, 2023
Just taking care of a home does not give anyone rights in the property -- other than the right to be paid if the worker was hired by someone else. Otherwise, if people could care for a home and automatically get ownership rights, every caretaker of every home would be very rich! If your friend had... View More
Has his signature and my signature before he passed giving me the title to the house is the house can be legally mine if it states do as you need sell it to your behalf or whatever you need to do to maintain this property cuz he can no longer maintain it and he is the last of kin legally is that... View More
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answered on Jul 28, 2023
Under California law, for a will to be legally valid, it generally needs to meet certain requirements, including being in writing, signed by the testator (the person making the will) and witnessed by two competent witnesses. If the will meets these requirements and it specifically states that your... View More
I told them their was storeag bill and they went and reported the car stolen and told law were it was and that i stole it
answered on Jul 26, 2023
If you had an agreement with the person who towed the car to your house to pay you a storage fee, you have the right to collect that fee from the deceased person's estate if the estate had enough money to pay that claim. You must present your claim with written evidence of the storage... View More
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