Question

If there are signed copies of a will, but the original is missing, can probate proceed?

Posted 7 days ago – Boca Raton, FL
Practice area: Wills

There was a will,signed and recorded, but the court sent the original back to decedent. the original may have been lost by one beneficiary. the beneficiary says she didn’t have original. What do other beneficiaries have to do to start probate?

April’s Answer:

Florida law allows for a procedure to establish a lost or destroyed will. With a copy, it must be proved by a disinterested witness. Also, formal notice must be served on all who would be entitled to property if the will did not exist. This is one of those court processes that should be carried out with the help of a qualified attorney.

Question

If someone dies and leaves everything in the will to the spouse does the will need to go through probate?

Posted about 1 month ago – Landisville, PA
Practice area: Probate

My father passed and left everything to my mother. There is one vehicle titled in his name only, everything else is held jointly.

April’s Answer:

When assets are titled jointly with a spouse, they should pass to the surviving spouse outside of the probate process. In most cases with a married couple there is rarely a probate for the first to die.

Since your father had a vehicle in his name alone, a probate could be needed. Before doiong to, you may want to take the will and a death certificate to the deparment of motor vehicles. In Florida they will transfer the primary vehicle, I am not sure if they will do that in your state.

Question

when a life estate is created in a will and the property is in a country club community,is the benefiary a member of the club?

Posted about 1 month ago – Boca Raton, FL
Practice area: Real Estate

In order to own a home in this community, every purchase and owner must become a club member. Does not the life estate holder under the will get to be a member with all rights the decedent had?

April’s Answer:

Interesting question! I would think that, if it passes, the use of the membership should be mentioned in the deed. If not, check the association documents. They may speak to this. Finally, look the country club membership documents. Their membership agreements may be with the individual and not pass with the property.

Question

Who can serve as a property manager for property left to minors in a Will in the state of Florida?

Posted about 1 month ago – Jacksonville, FL
Practice area: Wills

I want to name my brother who is not a FL resident as property manager. If he is unable, I would like to name my friend who is also not a resident of FL. I am a FL resident and my property is in FL. I also plan on creating a Living trust so I am not sure the  property manager will even come into play.

April’s Answer:

The property manager should be a person you name as trustee. You can name a trustee for your entire trust or for handling the assets of people under an age that your designate. You can establish a revocable trust while you are alive or have a a will with a testamentary trust for underage beneficiaries. That does not come into play unless your will is probated. While you could not name your friend as personal representative because they are not a resident of Florida, you could name him or her as trustee. Who you name is something that should be discussed with your estate planning attorney.

Question

if there are signed copies of a will, but the original is missing ,can probate proceed

Posted 7 days ago – Boca Raton, FL
Practice area: Wills

there was a will, signed and recorded, but the court sent the original back to decedent. the original may have been lost by one beneficiary. the beneficiary says she didn’t have original. What do other beneficiaries have to do to start probate?

April’s Answer:

Florida law allows for a procedure to establish a lost or destroyed will. With a copy, it must be proved by a disinterested witness. Also, formal notice must be served on all who would be entitled to property if the will did not exist. This is one of those court processes that should be carried out with the help of a qualified attorney.

Question

my father just passed away and i know he left a will. we weren’t that close how do i find out

Posted about 1 month ago – Burlington, VT
Practice area: Wills

he told me when i was a kid that i would get 30,000 dollar’s as long as i completed 3 years of college and that it would be there when i did finish, i am on my second year. his girlfriend and mother and sister will not even tell me when the funeral is. so i know they are not going to let me in on the will. he was a very wealthy man.

April’s Answer:

Your father’s estate could pass to beneficiaries via a will, a trust or intestate. In any event, if you are named in a document, you would have the right to receive a copy of the document and you should hear from the attorney settling his estate. But people often choose trusts to keep their wishes private. If your father did not include you, you may not hear anything. While this may be beneficial for those wanting to keep their affairs private, it may work against you.

While unlikely for wealthy individuals, there is always the chance that your father used beneficiary designations to distribute his estate. This is hard to follow as the beneficiary can submit a death certificate and become the owner of the account. There would be no accounting or notice to others.

You can check the court records in the coming months to see if a will is filed with the court or if an estate has been filed. If you wish to challenge any part of the will, or the estate administration, you should see an attorney in that area to discuss your options. There is a time limit on challenging the estate so, if you plan to, contact an attorney soon.