Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I am executor for my now deceased sister. She had a test

Customer Question
I am executor for my...
I am executor for my now deceased sister. She had a test that's never filed, signed a revocation of the trust and completed a will. We cannot find a copy of the trust. The house deed was transferred to the trust in the county courthouse but no trust was filed. We cannot locate a copy or find the attorney that completed it. Can we file the revocation of trust and the will and be able to sell/transfer the house to the heirs listed in the will?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: This is in Florida.
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of now.
Submitted: 6 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
7/13/2017
Lawyer: Barrister, Attorney replied 6 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,538
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

.

Was the revocation of the trust signed by her personally and dated?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 6 months ago
It was signed 12/8/16.
Customer reply replied 6 months ago
The trust was dated Sept 30, 1999.
Customer reply replied 6 months ago
Her will is dated June 14, 2017.
Lawyer: Barrister, Attorney replied 6 months ago

Ok, then I would opine that a judge would rule that the trust was effectively revoked by the grantor and that means that the property would go back into their name as of the date the trustee deeded it back over. Since that didn't happen, the judge will have to sign off on an order transferring the property back into the deceased's name, so it will go into their estate to be disposed of by their will.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 6 months ago
we should now file the revocation of trust and the will at the courthouse, correct?
Lawyer: Barrister, Attorney replied 6 months ago

Yes, in order to probate the will, the named executor has to file a formal probate case in the local probate court in the county where the deceased lived. Then the judge will set a hearing date where they will formally appoint the petitioner as Executor/Personal Rep.

.

However, under FL law, the courts consider this practice of law so the executor will have to hire a local probate attorney to assist with settling the estate. But they can also help to push through the motion to terminate the trust based on the revocation and transfer the property back into the estate.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 6 months ago
I was told that since the estate value is less than $75,000 we are not required to hire an attorney. Her homestead (house) is exempt from that value. The remainder of the estate is less than $75,000. Can we do this without an attorney?
Lawyer: Barrister, Attorney replied 6 months ago

According to Rule 5.030 of the Florida Probate Rules, a personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. An "interested person" is any person who may reasonably be expected to be affected by the outcome of the proceeding. A personal representative who is an attorney admitted to practice in Florida may represent himself or herself.

.

So if there is more than one person who stands to inherit, then no, the PR has to hire an attorney to assist.

Ask Your Own Legal Question
Customer reply replied 6 months ago
OK. Thanks. There is more than one person listed in the will.
Lawyer: Barrister, Attorney replied 6 months ago

Then the PR is kind of stuck here... Personally I think it is just a money grab by the probate attorneys as most estates are relatively simple.. But FL and TX and a few other states mandate it.

Ask Your Own Legal Question
Customer reply replied 6 months ago
Any suggestions of a good attorney in Bay County, FL?
Lawyer: Barrister, Attorney replied 6 months ago

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

The process is the same for any attorney, so you can shop around based on price..

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Legal Question
Customer reply replied 6 months ago
Thanks. 5 stars!
Lawyer: Barrister, Attorney replied 6 months ago

Much obliged... but there should actually be something on your screen that you click on....stars..smiley faces..numbers... and it rates my service... I am not sure what you see as I havent' been on your side of the computer in a few years..

.

Barrister

Ask Your Own Legal Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,538
39,538 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does a employee sign a form once he is employeed stating he
does a employee sign a form once he is employeed stating he has a disability and if he does not and returns from a mental institution and is fired base on information that is provided on the release f… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
Lower-level “at will” employees of a private CA research
Lower-level “at will” employees of a private CA research company are privy to confidential information that clients provide when they request services. If such an employee trades in securities based o… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
California. Our company planned to send employee to have
Our company planned to send employee to have training aboard, which is a long distance trip. The planned departure date is the coming Saturday.… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
When an employee is provided a domicile apartment at their
When an employee is provided a domicile apartment at their workplace, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Is an employer required to provide ex-employees copies of
Is an employer required to provide ex-employees copies of their timesheets after the employee is terminated? … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Is it legal for a private employee to blanket test
Is it legal for a private employee to blanket test employees? There is no advance warning, but all blanket tests are performed each year at the same times, it is just accepted, but not written in empl… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
Unpaid leave question If a employee takes unpaid leave such
unpaid leave questionIf a employee takes unpaid leave such as Family and Medical Leave Act, is it illegal to work for another employer during the leave period? Is FMLA a government (state) law, not em… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Are women navy civilian employees ever sent to the
are women navy civilian employees ever sent to the Charleston Navy Brig? Do the prisoners in the Charleston Navy brig get medical treatment? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Employee facing amputating fingers. Non workinjury but
Employee facing amputating fingers. Non workinjury but impairs his ability to do his job as a low voltage electrician. What is my obligation an employer … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Two supervisors had a meeting with a disgruntled employee.
Two supervisors had a meeting with a disgruntled employee. The purpose was to amend his job duties. We told him to take the documents home and think about it for a week and then let us know. One of th… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
If an employee altered the time card, what should the
If an employee altered the time card, what should the employer can do? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have fired an employee for theft, around $15,000. The
We have fired an employee for theft, around $15,000. The employee is requesting their last paycheck and unemployment benefits. Am I required to issue her last check and will she actually receive benef… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I own a small company with 11 employees. One employee wants
I own a small company with 11 employees. One employee wants to take some time off for the birth of his child. As a small company, do the FMLA rules apply? does this employee have the right to take up … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
As an employer, is an emailed resignation from an employee
As an employer, is an emailed resignation from an employee sufficient documentation or would it be best to receive a written/signed resignation? The main reason for our concern would be disputing unem… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
There is an Employee Code of Conduct for all public
There is an Employee Code of Conduct for all public employees at a university. Additional code or rules usually exist for specific categories of employees, such as supervisors. An example of such rule… read more
Pedagogical Esq.
Pedagogical Esq.
Juris Doctorate
1 satisfied customers
I am an employee at a day care center who an employee took
I am an employee at a day care center who an employee took out a loan using the center as a co signer the payments got behind and the person failed to notify the center and now the loaner has frozen t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Is it legal to be both an employee and a contractor for the
Is it legal to be both an employee and a contractor for the same business owner? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x