In Florida Power of Attorney ends at death, it is now a probate matter and probate will need to be pursued if there are any assets left in the name of the deceased alone and there is no pay on death or transfer on death designation or similar type transfer on death agreement. No one should be using... View More

No, Florida statute 709.2109 provides that the power of attorney terminates when the principal dies. Without a will, the estate will be administered as an interstate estate and a personal representative will likely be required to administer the estate and manage the assets. Consult with a Florida... View More

The division of your home should have been addressed in your divorce decree. Assuming that he retained sole title to the house after your divorce, you would not be entitled to it. However, you can always take your divorce decree and any other documents to an attorney in your town for a second, and... View More

You will need to get a probate attorney in the state where the property is located, if the property is in Florida then that would be a Florida Attorney. The primary probate would be done in the state where the person lived and had their Homestead. The type of probate required and time involved will... View More

You may be required to pursue probates, If a deed transfer is invalid for any reason it could result in a defective title and lead to questionable or unclear ownership and the property cannot be sold or insured and getting title insurance will be problematic. The result of this is that the... View More

I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you... View More

Yes, while the Will may be valid under Florida Law (see below Florida Statute 732.502), it will be subjected to greater scrutiny if it is a handwritten Will, also, the Will is going to have to go through probate (time, potential delays and expense). I would encourage you strongly to do proper... View More

No, a debt collection agency cannot pursue a third-party if the debt is in the sole name of the decedent. They would have to pursue a lawsuit against the estate of the decedent in probate court if a probate case has been opened.

No, they can't file suit against you, they would have to sue your late husband's estate. If there is no probate case, in theory they could open one and seek to sell his assets if any, but that is unlikely.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2025

Date of Deed Execution is date of conveyance. But if there is Court Case, delivery to and acceptance by the grantee may need to be proven by sworn testimony. Deed is effective upon execution but not notice to the world until recorded.

If the refund check is less than $75,000, then you can open a summary administration and get an order to reissue the check to the heir. If it is more that $75,000, then you would have to open a formal administration, get appointed as the personal representative, and then use the court order to open... View More

I'm no expert at what the Clerk's Office still has in its possession following an expungement (also known as expunction), but it's my understanding that NOTHING is left in the record, except maybe something indicating the case was expunged. If the case is sealed rather than... View More

You should have an estate planning/probate attorney review the Trust and the current property deed, generally, you as the trustee will transfer the property via deed to yourself from the Trust and then it will be in your name alone and not in the Trust name any longer and you can apply from... View More

I recommend that you consult with an experienced attorney who handles family law and probate. Ask them to review the divorce decree to see what your parents agreed to. For example, it may be that your parents continued to own the house 50/50 as tenants in common. If you are your father's heir,... View More

I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult and sad time. In Florida the Executor is called the Personal Representative and until a probate is commenced and the court/judge authorizes this role and approves you... View More

If the property was your father's homestead, the will does not override Florida law regarding how the homestead passes to your father's heirs. Your father's wife can choose to live in the house for the rest of her life with no other ownership interest, or she can choose to own half... View More

There's no such thing as protecting your rights outside of the legal system. **you need a lawyer asap.** If she added him to the deed of the property "meant for you", you are likely out in the cold. She could leave you a million dollars in her Will, but if she had only a dollar at... View More

Hi there, sorry about your mother's stroke and this troubling situation.

Unfortunately, a will generally can't override a deed, which makes this challenging. Gather all documentation and consult with an attorney quickly. A lis pendens is a legal notice that can be filed with the... View More

I am very sorry for your loss on the passing of your aunt, please accept my condolences for you and your family at this difficult time. Accounts that are Transfer on Death or Pay on Death to a designated beneficiary are not estate and probate assets, rather those assets/accounts go to the named... View More

Anwar Elias Hadeed Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2025

Since you were the named TOD (Transfer on Death) beneficiary on your aunt’s bank accounts, those funds legally passed directly to you upon her death and are not part of the probate estate. Using some of those funds to cover necessary expenses like utilities and car insurance related to her... View More