Comments on: Florida Probate FAQ in under 60 seconds

By: A year ago on WeProbateFlorida.com | WeProbateFlorida.com™

A year ago on WeProbateFlorida.com | WeProbateFlorida.com™ — Tue, 24 Nov 2009 22:17:10 +0000

[...] Florida Probate FAQ in under 60 seconds [...]

By: Long

Long — Sat, 12 Sep 2009 07:20:11 +0000

@Monica:

I’ve emailed you directly. Generally speaking, probate orders from out of state courts do not a direct effect on Florida real estate. An ancillary or summary probate may be required to properly transfer title to real estate in Florida. This should be handled by a Florida probate attorney. There is no true time limit to probate the property, though most people are motivated to probate the property in order to sell or otherwise use the property.

By: Monica

Monica — Thu, 20 Aug 2009 14:49:49 +0000

A family member died a while back in the Caribbean and he was the owner of a vacant land that I understand is not set up for residential property and the value is very low, when the family did the probate, they were told they could not include this land as it was in Florida. The children have not changed the deed on this land but have continued to pay property taxes on it. How can they change the deed and is there a time limit to do this as it has been a while since the person died. Thank you.

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Mon, 27 Apr 2009 23:03:12 +0000

What’s unclear is whether or not your mom is on the deed to the property. If she is on the deed and there is some indication that they were married, then no probate is in her future. If there isn’t any indication that they were married, an affidavit may need to be filed regarding their marriage.

As for creditors – your stepfather’s debts are now the debts of the estate, unless your mom co-signed on any of those liabilities. If she didn’t, you may politely tell the creditors to find sand and pound it.

By: Kez

Kez — Mon, 27 Apr 2009 22:57:15 +0000

My stepfather died a few weeks ago but other than a house with my mom (both of their names on the mortgage) he had nothing. His sole bank account has very little, if anything, in it…does my mom need to go to probate? Anything of value they had either had my mom’s name jointly on it or just her name. The only money he “left” was money in a life insurance policy that was specifically spelled out for my mom (not the estate, he has no children).

The only reason I ask is because creditors are starting to harass her and she’s not on any of his bills and don’t feel she should pay. Is she responsible to them? Is probate court in her future?

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Mon, 27 Apr 2009 05:30:45 +0000

You’ll have to consult with your attorney on this one. Seems to me that the hold out ought to consider chipping in for expenses if he/she is going to put the sale of the house in jeopardy.

By: Dennis

Dennis — Sat, 11 Apr 2009 18:03:42 +0000

We have a relatives house in FL and there are 3 people named in the will since she passed several months ago. As executor I have placed the home on the Market and received an acceptable offer. I found out thru the Title Company that all of the people named in the Will must sign the Warratny Deed because it falls under “homestead”. One of the people named in the Will is refusing to sign the Warranty and will not respond back to the Title Company. I have had to cancel the close. What is the process that has to be taken to get the probate closed and the house sold. Furthere there will be additional expenses for home maintnance and insurance; no one is living in the house.

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Tue, 17 Feb 2009 06:04:05 +0000

Jennifer,

Sounds like you need a private consultation because I certainly need more information. We offer free consults. Please call the office or fill out our Florida Probate Consultation form. (Consults are free)

By: Jennifer

Jennifer — Sat, 14 Feb 2009 21:12:43 +0000

My “step mom” died leaving her residence to me. The marriage between her and my father is not being recognized because Florida does not recognize common law marriages and the papers from Canada were not filed in the US. My father resides on the property, can he remain there? Will this property be exempt or subject to creditors?

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Wed, 21 Jan 2009 07:29:04 +0000

J - Are you sure the house is not exempt from creditor's claims? If this is a Florida estate, you'll want to check with your probate attorney (assuming you have one) and find out whey the house is not exempt. If your brother was not otherwise disinherited (left out of the will), he has as much right to be in the house as you would until of course it is foreclosed upon. Be careful about shutting off utilities while your brother is in there - this might be regarded as a wrongful eviction (though it's not my area of law.)

I suggest you contact us privately: http://www.WeProbateFlorida.com/contact-us