Your Questions About Probate Will Florida
David asks…
What happens to my Revocable Living Trust upon my death?
I am in the state of Florida what are the procedures that happen before my beneficiaries are transfered their inheritance? I suppose the death certificate is first and then what happens after that. How long will this process take? what if my beneficiaries are in financial need? can the process be speeded up? we are avoiding probate so I imagine it would be transfered in 30 days or would it be immediately?
what is the fastest distribution for revocable living trusts ( a ballpark figure) immediately? one month? 3 months?
assuming that there is a directive to give money immediately, I am just wanting a rough estimate of how long it takes to transfer the account.
i am happy to say after searching the net i found a website that said a couple of weeks is the fastest …. so i got my answer
MonroyPro answers:
The trust agreement is a legal document that contains instructions to the trustee regarding (1) management of the trust assets, (2) who is to receive distributions from the trust, and (3) what happens to the trust if the person creating the trust becomes incompetent or dies. The trust agreement provides instructions for the termination of the trust and the distribution of assets to the beneficiaries. The trustee can do only what the trust agreement specifies.
Susan asks…
HELP ME!!!! I feel selfish to ask…but please…no options left…?
I’m 17 years old, completely miserable. I know most teenagers complain about wanting to leave where they live right? well… My situation is a bit different.. I’ve lived with my paternal grandmother eleven years and I have been depressed and sad since, constant fighting. I cry everyday I barely feel like I am alive anymore. I attempted suicide five times. I’m miserable.. my heart is so lonely. My boyfriend lives in Florida he came here and visited me and stayed with me at my real moms a week ago. ( I can’ stay with her shes poor) He asked me to come with him to FL and I was so close to going. But I figured to many problems would come of that choice.
Anyways my uncle would take custody of me but I know myself that could take years I’ll be 18 in a year… and I am so determined to not live in this horrid putrid house another year. I am to miserable for that. I’m trying to convince her to sign custody to someone… but as we know misery loves company so she needs me to feed into her hate I don’t know. I don’t think I deserve this.. life has always kind of sucked for me… I’m trying so hard right now so hard. I’m so afraid I wont make it. TERRIFIED. I’m not going to give up. But everyday seems to get harder for me. It could take years for my uncle and aunt to get custody… and I am not stupid enough to run away people could get into a **** load of trouble. I don’t see how the court would grant me emancipation I don’t have a job which I am not allowed to get the devil I live with will not let me… I still try though. . and I cannot support myself. My BF wants me to go down to FL to live with him and his mom. I’d finish school there and be so happy…my uncle suggests I go to the probate court to be granted permission to marry my BF..were very in love but I’m only seventeen. how exactly does emancipation work? If I just ran away what would happen? What if I went to court and told them all this? I have a lot of peers and adults taht know how bad things are they can vouch for me. would I be granted emancipation ? Oh god… If we got married then I would be emancipated. What can I do. Staying here is not an option… and to say SUCK IT UP tears me up… I feel pathetic I can’t be here one more year before I’m 18 I’m home schooled online school I have to sit here 5 hours a day with my gramma while she yells at me I CAN’T TAKE THIS!!!!.. for one year all I want is….happiness I feel so selfish.. help me?
MonroyPro answers:
Well i know its a big choice to make.. I was 15 when i met my boyfriend and i lived in ontario and he lived in british columbia, i had the ezact same situation as you but when i was 17 i said fuck it all and i told my bf i was on my way, i told my parents just a week before and when the night came i had my bags packed in the door i said bye and that was it.. I left, it took me 3 days to get here but i made it and i cudnt have been happier, im turning 19 now and we are both currently working to get our own appartment and life cudnt be better… Its all what you make it hun ..
And personally u dont need to go to court..as long as ur bf’s mom approves of u moving in..then go for it..i did and i dont regret a single day ..
Marriage doesnt matter… U dont need to get married to be happy and live with the one you love
William asks…
HELP ME OH GOD PLEASE HELP ME!!!!!!?
I’m 17 years old, completely miserable. I know most teenagers complain about wanting to leave where they live right? well… My situation is a bit different.. I’ve lived with my paternal grandmother eleven years and I have been depressed and sad since, constant fighting. I cry everyday I barely feel like I am alive anymore. I attempted suicide five times. I’m miserable.. my heart is so lonely. My boyfriend lives in Florida he came here and visited me and stayed with me at my real moms a week ago. ( I can’ stay with her shes poor) He asked me to come with him to FL and I was so close to going. But I figured to many problems would come of that choice.
Anyways my uncle would take custody of me but I know myself that could take years I’ll be 18 in a year… and I am so determined to not live in this horrid putrid house another year. I am to miserable for that. I’m trying to convince her to sign custody to someone… but as we know misery loves company so she needs me to feed into her hate I don’t know. I don’t think I deserve this.. life has always kind of sucked for me… I’m trying so hard right now so hard. I’m so afraid I wont make it. TERRIFIED. I’m not going to give up. But everyday seems to get harder for me. It could take years for my uncle and aunt to get custody… and I am not stupid enough to run away people could get into a **** load of trouble. I don’t see how the court would grant me emancipation I don’t have a job which I am not allowed to get the devil I live with will not let me… I still try though. . and I cannot support myself. My BF wants me to go down to FL to live with him and his mom. I’d finish school there and be so happy…my uncle suggests I go to the probate court to be granted permission to marry my BF..were very in love but I’m only seventeen. how exactly does emancipation work? If I just ran away what would happen? What if I went to court and told them all this? I have a lot of peers and adults taht know how bad things are they can vouch for me. would I be granted emancipation ? Oh god… If we got married then I would be emancipated. What can I do. Staying here is not an option… and to say SUCK IT UP tears me up… I feel pathetic I can’t be here one more year before I’m 18 I’m home schooled online school I have to sit here 5 hours a day with my gramma while she yells at me I CAN’T TAKE THIS!!!!.. for one year all I want is….happiness I feel so selfish.. help me?
MonroyPro answers:
Please please please dont get married. Whatever you do. This is not a good reason to get married.
They will grant you emancipation to live on your own. Get a job! Thats the first step to it.
You can do this.
One breath at a time.
Life is hard sweety, get used to it.
Charles asks…
Can a mortgage company stil foreclose on my House if?
I was willed a house in March. I have not assumed the mortgage but have been paying it on time anyway. I had an estate attorney send a notice to all possible creditor’s including the mortgage holder. Under Florida Homestead law homestead is not considered an asset and can’t be touched by creditor’s. The mortgage company did not respond to my notice and publication to all possible creditor’s. My attorney has advised me the title to the home is now in my name (probate court). Do I have to pay the Mortgage? If I decided to buy another house do they have any legal right to come after me for the remaining portion of the mortgage? Nothing has been signed and I have not assumed anything.
I do live in the house so Homestead law does apply. The reason I’m even asking this question is because the market has declined so much the home is worth less then the mortgage and the bank holding the note will not work with me at all. Beacause the home wasn’t in my name originally I don’t apply to Obama’s refianance option. So I might just stick to the bank because one, I have allot of money in this bank and two they suck and have been screwing people left and right, TARP bank.
I just realized something, if they foreclose on this house and sell it at a way lower rate then the home is worth, I could buy it back cash and get my equity back and then some. Dirty move, maybe? Even if they try to short sale it, I’ll just buy it for less then the mortgage because I want to keep the home for investment purposes.
MonroyPro answers:
TALK to your attorney, not yahoos if you want expert, accurate advice.
You can have title to the property in your name and there can still be a valid lien on it.
Sandy asks…
What can you do if the will for a multimillion dollar estate does not enter probate?
When I was a child I was the principal heir of my uncle’s estate. I even lived with my uncle for several years at his mansion in Las Vegas. He did not have any children and my parents and brothers were the only living family. My uncle passed away in Clark County, Nevada during February of this year and we have not been notified by the trustees of the estate regarding our inheritance.
My uncle married a much younger woman about 5 years ago and the relationship between her and the family is so strained that we were not invited to the funeral. I live in Florida and just learned of my uncle’s death recently after reading the obituary on the web site for the LVRJ.
At a minimum my uncle had $10 million in municipal bonds and an income from his father’s trust as well as millions of dollars in real estate tied up in multiple states (including his main home in Las Vegas, Nevada).
My brothers and I are worried that the will never entered probate and that my uncle’s wife (who had power of attorney during the last years of his life) is living off of the trust and assets.
Do we have recourse if she never registered the will with Clark County? Unfortunately, I do not have a copy of the will.
MonroyPro answers:
You know, of course, that once a person marries their previous will becomes void? And depending on state law, his wife may be entitled to either the whole estate if there is no valid will, or a large portion of it. And if you have not seen the will, what makes you think that there is any inheritance at all for you? It is quite possible that your uncle, knowing that the family despises his lawful wife, has left it all to her or to her and a charity, which is legal.
You need to start by getting a lawyer who specializes in wills and probate, one familiar with Nevada state law. From there, you need to to determine who inherits what if there is no will, and if there is a will, what does it say and who is the executor of the will. You should know that you can do all of this and still not be entitled to a single dime…but still have to pay legal fees. Good luck and God bless.
Powered by Yahoo! Answers