Florida: Claiming Foreclosure Surplus Funds by Asserting a Right of Survivorship
Short answer If the recorded deed clearly created a survivorship interest (for example, joint tenancy with right of survivorship or tenancy by the entirety), a surviving co-owner can often claim the entire ownership interest — including any surplus funds after a foreclosure sale — without those funds passing through the deceased owners probate estate. If […]
Read article →How to Claim Surplus Funds from a Tax Deed Sale in Florida
Claiming Surplus Funds After a Florida Tax Deed Sale — FAQ and Step‑by‑Step Guide Quick answer: If a Florida tax deed sale generated money in excess of the taxes, interest, and sale costs, the clerk of court usually holds the surplus. To get the surplus you must prove you are legally entitled to it (the […]
Read article →Documenting a Repossessed Vehicle in Florida When Settling a Loved One’s Estate
Detailed Answer — How to Document a Repossessed Vehicle When Settling an Estate in Florida Short answer: Treat a repossessed vehicle like any other estate asset. Identify ownership and lien status, collect all repossession and lender paperwork, disclose the vehicle and the repossession in the estate records and court filings as required, and resolve any […]
Read article →Florida: What Happens If a Sibling Claims You Mismanaged Estate Assets by Selling a Parent's Car?
Detailed Answer Short answer: If your sibling claims you mismanaged estate assets because you sold your dad’s car, Florida law treats that as a dispute over the duties and authority of the person who handled estate property. The court will look at who had legal authority to act (for example, a personal representative named in […]
Read article →Florida: Transferring a Deceased Parent’s Vehicle Title in a Small Estate When the Original Title Is Missing
Disclaimer: This is educational information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Florida attorney or contact your county tax collector/FLHSMV office. Detailed answer — step‑by‑step overview under Florida law If a vehicle owner has died and you need to put legal title in […]
Read article →Florida: Challenging or Dismissing a Petition Seeking Possession and Control of Estate Property
FAQ — Responding to a Probate Petition Seeking Possession and Control of Estate Property This FAQ explains how someone in Florida can challenge or move to dismiss a probate petition that asks the court for possession and control of estate property. This is educational information only and not legal advice. Consult a licensed Florida probate […]
Read article →Contesting an Approved Estate Accounting More Than a Year Later — Florida
FAQ: Late Challenges to an Approved Estate Accounting in Florida Short answer: You may still be able to challenge an estate accounting more than a year after the court approved it, but your options are limited. Typical routes include asking the court to set aside its prior approval for fraud, mistake, or newly discovered evidence, […]
Read article →Probate When a Parent Dies Out of State — Florida Probate FAQ
Should you open probate in Florida? How Florida law treats out-of-state deaths and Florida assets Short answer Under Florida law, probate is normally opened where the decedent was domiciled (their permanent home) at the time of death. If your parent died outside Florida and was not domiciled in Florida, you generally would not open a […]
Read article →Challenging a Final Probate Accounting in Florida When You Were Not Notified
Detailed Answer Short summary: If you did not receive notice that a final accounting was filed in a Florida probate case, you still have options to learn what happened and, in many cases, to challenge the accounting or reopen the estate process. The precise steps and deadlines depend on (1) whether you are an “interested […]
Read article →Florida: How to Clear Creditor Claims Before Selling a Parent’s Estate Home
Detailed Answer — Clearing Creditor Claims Before Selling a Parent’s Estate Home in Florida Short answer: Before selling a decedent parent’s home in Florida you must determine how the property is titled, whether probate (formal or summary) is required, give required notice to creditors, allow the statutory claim period to run (or obtain court approval […]
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