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If a person dies in Florida leaving credit card debt and the home goes to the spouse is half of the home subject to probate and collection by the credit card companies?
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∙ 12y ago
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Is it possible to file probate without a lawyer in the state of Florida?
No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated
Probate law in Florida?
You can access the Florida Probate Code under Estates and Trusts at the interactive website in the link below.
Does Florida require a will to go to probate?
In Florida a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
Are thereany probate advance companies in Albuquerque What are the costs on a $5000 advance?
Most probate advance companies are national. The variability of the probate process in time and complexity makes a hard and fast rule on cost unworkable. Probate advance companies are going to want to know your specifics before giving you a quote.
What are the probate procedures in Florida?
In Florida, probate procedures typically involve submitting the will to the court, notifying beneficiaries, paying debts and taxes, and distributing assets to beneficiaries. The process can be supervised or unsupervised depending on the circumstances. It's advisable to consult with an attorney for guidance through the probate process in Florida.
Is a will leaving everything to a wife still valid if they were not married at the time the will was signed in Florida?
If the "wife" was mentioned by name the will will probably be upheld. It needs to be examined by an attorney who specializes in probate law in your area. However, your question really needs more details.
Does the estate need to be opened in the state where the person died?
Not where the person physically died, but in the state in which the decedent was domiciled at his/her death. Example: Decedent was domiciled in New Jersey but died at his summer residence in Florida. The original probate should be in New Jersey. If that residence has to be sold by a duly appointed executor in Florida, ancillary probate is issued. This entails getting a certified or authenticated copy of the will that was probated in New Jersey and offering it for probate in Florida with a request that the New Jersey executor be appointed executor in Florida in order to selll the Florida property.
If a person dies domicile in UK but owns a property in Florida and probate is granted in UK does further probate have to be granted in Florida or do UK USA reciprocal arrangements apply?
Generally, the UK fiduciary would need to open an ancillary administration in Florida to have the power to deal with the land situated there or to have title pass to the beneficiaries. The state would accept the appointment made in the UK with the filing of exemplified copies. You should contact an attorney in Florida who specializes in probate who can explain your options.
Are items not listed in the will probatable in Florida?
All items are a part of the estate. And the will had to go through probate.
If you live in Florida but your will is in Connecticut will the taxes be in Connecticut or Florida?
Florida should have the right to tax the estate, except that Connecticut can tax real property located in Connecticut. U.S. constitutional provisions prevent Connecticut from taxing assets of a Florida resident (except for Connecticut real property). If the (future) decedent lives in Florida, the estate will be probated (and taxed) in Florida. The primary location of probate is based on the residence of the decedent, not the location of the property or the physical location of the most recent Will.If the Will was filed with probate in Connecticut by the decedent's attorney, but the decedent subsequently moved to Florida, the Will may be obtained by contacting the appropriate Connecticut Probate Court. Note that in Connecticut, Probate Courts are not based on County, but by Town. (As of 2009 consolidation of the Courts is currently being debated.)As mentioned above, a partial estate would need to be opened in Connecticut to settle the title of any real property in Connecticut.
What is a alien resient surviving spouse entitled to in probate court?
Probate court is used when the dead person has a Will leaving their money or possessions to another person. If the dead person leaves something to their spouse, the spouse will receive it.
What should you do when your mother has died without leaving a Will in Maryland?
Open an estate. Consult a probate attorney in Maryland on what needs to be done.
