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Questions & Answers

Is it mandatory that your homestead be probated?

Additional Information: When my mom died, her only asset was her home & the contents of it, of which she considered “her estate”. When she wrote her Will(it being legal), she willed her “estate” to her three children. Is it necessary that her homestead be probated? I was told a few years ago that you did not have to file for homestead. She has no creditors. She always “prided” herself on the fact that she didn’t

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Are Florida condo assoc required to carry insurance?

Additional Information: Our condo’s insurance policies have been canceled and/or not renewed due to run down condition of our buildings and property. Are we legally obligated to carry insurance? Located east of I-95 in palm beach co,fl. Thank you ATTORNEY ANSWER: Typically, condo associations require their owners to carry homeowners insurance on their units. You should review the condo documents to see what they say regarding such a requirement. Also, if the condo owners have mortgages,

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My mom passed 2005 and dad passed 2009, he did a deed transfer in my name 3/2009 should I have any issues with siblings?

Additional Information: My siblings are fighting the transfer what can I do ? ATTORNEY ANSWER: Sorry to hear about your situation. Since your siblings are challenging the property transfer, I recommend you hire a litigation attorney to defend your position. In the meantime, you should collect all of the evidence in connection with the property transfer from your father to you (Was your father mentally competent when he did so? Why did he do so? Is/are

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How can heirs find out what has happened to an estate after the probate process has been completed?

Additional Information: The family’s estate consisting of only a house and other small items has been sold through the probate process. The executor , a lawyer family member, as executor has not communicated nor distributed any heir shares after more than 18 months. The executor has seemingly disappeared. How can the heirs get information on what has transpired with the funds and the completion of the process? ATTORNEY ANSWER: I would not consider a disciplinary action

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Husband was to pay mortgage payments on time per agreement, but has been repeatedly late, damaging my credit. What can I do?

Additional Information: The agreement says that the husband is supposed to make the mortgage and real estate tax payments on time. He lives in the home and was unable to refinance it to get my name off. Unfortunately, he has not been making mortgage or tax payments on time, which has resulted in a property tax lein that has hit both our credit reports, even though I haven’t lived in the house since 2008. He has

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Check made out to 2 people, check was cashed without my permission.

Additional Information: I moved out of an apartment with a roommate in February. Our security deposit check was made out to both of us and the word “and” was between the names on the check and it was sent to my old roommate. He was told by the apartment complex that I had to be present to cash the check and he could not do anything with it unless I was there. It has been 6

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Do all wills have to be filed in the Probate Court?

Additional Information: There is no real estate (house in foreclosure) there is an old truck, furniture and clothing, etc… Probate question from Boston, MA ATTORNEY ANSWER: Massachusetts law requires the person in possession of a decedent’s last will and testament file it with the probate court located in the county where the decedent was domiciled (lived) at death within thirty days from the decedent’s date of death. Usually the named executor files the will with the

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How to collect a debt on person who recently passed on?

Additional Information: person died in July, 2010 Probate question from Holyoke, MA ATTORNEY ANSWER: If a probate estate has been opened for the decedent, you should file a claim against the probate estate as soon as possible. If a probate estate has not been opened for the decedent, you could petition the probate court to open a probate estate for the decedent as an interested party creditor.

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Does real estate belong to estate or beneficiaries?

Additional Information: My sister, legal resident of VA, recently died. Her will states all property to be sold & shared equally by her 8 siblings. Executor tells us that since the will has been probated the house belongs to 8 siblings – not the estate and siblings are responsible for all expenses. There are difficulties as 1 brother cleaned out the checking account (his name was on it) and several want to file action to prevent

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My brother passed away and my dad is the executor of the will. Do we have to sell his personnel stuff to paid his bills?

Additional information My brother house is not paid for. He has a car, but no other assets, do we have to sell his furniture and stuff to pay his outstanding bill. There is no money in any bank accounts or stocks. He had to withdrawn his IRA way before passing. Can the family keep his personnel things or do we have to sell them to pay off his debts? I assume that we can foreclose on

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