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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40140
Experience:  Texas lawyer for 30 years in Estate law
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I live in the state of Florida. On, February 6, 2015 my

Customer Question

Good Evening, My name is***** live in the state of Florida. On, February 6, 2015 my husband Joe L. Ramsey died and without a will. Our home billing address is in my husband name, but the deed is listed Joe and Carol, we also have a timeshare joint need to be corrected also. What can I do to fix and correct my properties?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

You will need a local probate lawyer to file for probate.You will make application and be court appointed.Since there is no will the court has to approve everything along the way.You have to pay any creditor claims here, taxes, and then lawyer prepares a fiduciary deed here to transfer title.You own your half here.His half passes under the laws of intestacy.

I am assuming that you do not own these as joint tenants with right of survivorship.Look at your deed it has to state joint tenants with right of survivorship to avoid probate as I described it above.If you do have a JTWROS then you present the death certificate to the real property records record it and you then hold legal title.As you present it here this is not the case but I wanted to set this out if you do have such a JTWROS.

Laws of intestacy..

http://www.nolo.com/legal-encyclopedia/intestate-succession-florida.html

Florida does not allow you to represent the estate without a lawyer/Also know that the fees in Florida are set out by law..

Here are the statutory fees:

  • Value of estate up to $40,000: $1,500.
  • $40,000 to $70,000: $2,250.
  • $70,000 to $100,000: $3,000.
  • $100,000 to $1 million: $3,000, plus 3% of the value over $100,000.
  • $1 million to $3 million: $30,000, plus 2.5% of the value over $1 million.

Probate lawyer for you here..

Lawyer Referral Service Online - Available 24/7

Phone(###) ###-####br />Monday through Friday
8:00 a.m. to 5:30 p.m.

I know that this can be overwhelming to you.But there is more too this than just a deed unless you had the JTWROS I set out above.In that case no probate is required.

Also you need to contact timeshare here and see what they need.Likely they need a death certificate and your probate documents once you are appointed.

Expect this to take about a year here start to finish.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

I cannot do a phone call but offer unlimited email follow up, I sent you the offer, thanks..