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Recent Ancillary Probate questions

My mother died last month. I am her executrix of her will

My mother died last month. I am her executrix of her will and the trustee for her revocable living trust. She lived in Florida and owned a house. I filed her will at circuit court and I filled a quit claim deed as well (property equally divided between my brother and me). I was told that I need to open an estate account in her name (I already have a checking account where I am joint with her). But I was told I need a letter of testamentary in order to do that. How can I get this letter (with the living trust I was told I don't need to go thru probate) in order to open the estate account. I was told my the surrogate court in NY (where I live) that I would have to get a letter from Florida first and then get an ancillary letter for NY in order to open her estate account in NY.JA: Since laws vary from place to place, what state is this in?Customer: The state is Florida. I live in NY.JA: Have you talked to a lawyer yet?Customer: No, my mother had a lawyer that prepared all the documents but when I tried to talk to her she sent me a letter saying she wouldn't talk to me without paying her money up front. Which is what I had intended to do ... But the letter put me off ... And since then I've found out she was not recommended.JA: Anything else you think the lawyer should know?Customer: There is no contention about the distributions to the beneficiaries of the will ... I'm just trying to get thru the process. We had thought having the living trust and all the paperwork would make this easier. Doesn't seem so.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
I'm the sole beneficiary of an estate out of TN. The house

I'm the sole beneficiary of an estate out of TN. The house with all of its contents were sold. All that's left is a property in Virginia that is being transferred into my name and the attorney the executor hired says they had to open an ancillary probate in VA, which they did. The executor and attorney are getting a percent commission of the estate. So my question is what percent commission will they get in TN? Also is it normal for the attorney to get a percent commission? If the property in Virginia has to have a separate probate opened do they use that property value to calculate the executor and attorney fees out of TN? Estate total value is 750K the property in Virginia is worth 450K.

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Irwin Law

Juris Doctor JD

8,424 satisfied customers
My parents have a lot in Florida that was left in the Will

My parents have a lot in Florida that was left in the Will to my brothers. Father has been deceased since 1990 & mother since 2007. I have not yet turned it over to them. What do I need to do to do so? Quickest and easiest way, please

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LawTalk

Attorney at Law

Juris Doctor

32,420 satisfied customers
A person inherited real estate in , but s place of residence

a person inherited real estate in Virginia, but his place of residence at death was Florida. He left no will and neither his wife nor anyone else will qualify on his estate in florida. Can the decedent's brother probate his estate in Virginia because he inherited real property in Virginia?

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Loren

Juris Doctor

36,258 satisfied customers
Regarding VA probate laws--My father has land in VA, he is

Regarding VA probate laws--My father has land in VA, he is deceased and so is his first wife. I have been told my mother's (first wife) name is ***** ***** property. The will has NOT been probated in VA only in NJ. Is it possible the current wife (executrix of the estate) can have my mother and father (both deceased) removed from the deeds and become sole owner of the land. The will states his current wife would get 50% of the estate and the other 50% would be distributed among his 6 children. Is it possible for the current wife to flip the deeds into her name only, sell the land and keep the proceeds without adhereing to the will.

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LegalGems

Juris Doctorate

13,488 satisfied customers
My parents own a home in Boise, Idaho where they once lived.

My parents own a home in Boise, Idaho where they once lived. However, the state of residence at their time of death was California. Each parent had their own separate wills written and notarized by the same company back in the mid 1980's. When my father learned the company that drafted the wills had gone out of business, he assumed those wills were invalid and subsequently had a new will drawn up, but only for himself, because by that time my mother was very ill, and not in the best mental state. In the wills drawn up in the 80's both parents wills state that their estate should be split up 3 ways- reflecting their desire to share the estate equally among their 3 children. Yet my father's new will stated he wanted to leave the property in Idaho solely to his son D. The remaining two sisters, D & C were amenable to the brother having the Idaho house and told him they would sign over their portion of the home to him. Meanwhile the youngest child, C who is also the executrix of the estate, received a summons in the mail requesting her presence in probate court in Canyon County, Idaho where the Idaho home is located. Does my brother have the authority to force probate to begin, and moreover, does the Idaho court have jurisdiction over this action? There is a pending court date on May 27th 2016 at 10:30am. Thank you for any help you can offer regarding this highly confusing case. By the way, there is another property in Colorado with similar circumstances as the Idaho property.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
With the passing of a husband or a wife, does the surviving

With the passing of a husband or a wife, does the surviving spouse have to file probate to get all titled items in their name? What if they have both names on the Titles already, or if they share some titles, but not others?

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LawTalk

Attorney at Law

Juris Doctor

32,420 satisfied customers
Recently filed my Uncle's Will ( created in NJ in 2006-since

recently filed my Uncle's Will ( created in NJ in 2006-since no other Will exist) at the county Register in the state of Delaware.where he resided for the past 11 years and died.. There are 3 executors listed:: His surviving 2nd spouse; a unrelated niece in name only-not listed as a heir/beneficiary; and myself-nephew. The Will states shares in the amount of 1/33rd each since another niece in NJ not listed as a executor was listed as beneficiary.Problem: The wife of my Uncle has turned this into a very contentious issue...she believes the entirety of the Delaware estate ( house, banking, cars) is now owned by her. Has repeatedly, ignored my reach out to her via phone and email.She has obtained legal counsel. I have spoken with an Attorney ((* She also said if this issue evolves in the wrong direction I can elect to use their services)The attorney also advised I call her attorney and let him know that I'm not represented- so that he can speak to me. She also urged that all 3 executors cooperate or sign a renunciation, otherwise the estate can't be open. What does this mean?Questions:1) Does this renunciation mean I forfeit my rights as a executor, lose benefits from the sale of the properties in New Jersey, and completely sign over the Delaware estate to the spouse?2) My Uncle had already hired a real estate attorney in New Jersey that has some buyers for the properties. I spoke with that attorney who said this would have to go to Probate and then he could finalize the sale and proceeds. Should, I obtain representation in New Jersey as back-up?3) What other options do I have?Thanks,AL

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RayAnswers

Lawyer

Doctoral Degree

35,148 satisfied customers
My father, who was a resident of New York, recently passed

My father, who was a resident of New York, recently passed away. He owned a land lot in Kissimmee, Florida. He had no other assets in Florida. I heard that Florida law states that when someone dies, their estate goes solely to their spouse. However, I saw several sites that said if the deceased had children from a previous union and children with the most recent spouse, 50% of land goes to the wife and the other 50% goes to all the children.Which is correct?Thank you

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ScottyMacEsq

Doctoral Degree

22,510 satisfied customers
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