Probate-Probate Court

Mom of 3 asked:


My Dad just died and I’m the one trying to handle the estate since there was no will. I can’t get a clear answer as to what a Fiduciary Bond is and how it works. Is it like bonding someone out of jail where you take the entire amount and then pay a certain percentage of that amount, or what? I’m so confused and I just need to know how this works…

Michale Parish

Mike L asked:


My grandma died in April and in her will she gave us kids 5 grand each. My question is how long do you think it will take for us to get the money? I am not be selfish because the money is going to my college education. I wanted to know if anyone is an expert in this field? My brother and are both adults but my sisters are minors. My uncle is trying to convince the court to have my mom get the money to give to my sisters instead of waiting till they are 18. So what would happen next?

Ferdinand Ravens

Teresa E asked:


Question for an attorney, lawyer, judge, or homeowner ….or anyone familiar with this situation. I am clueless.

Long story short, I have bad credit. Looked into buying a house in SC. Man seen my credit was bad and helped me buy his house by using his lawyer. We went, got a signed contract, with all the payments marked out month by month. I am to own the house in about 11 years after the start of the contract. He still owed on the house and doesnt have the deed yet. I was helping him so he didnt have to pay 2 house mortgages and he was helping me get a house all though i had bad credit. but basically he owed exactly what he was charging me for the house. I would pay him, he would pay the bank, and thats how it worked for the last 3 years.

Well now, he has passed away. Sitting in the lawyers office in front of the lawyers he told me, to not worry about when he dies cause he was elderly, his daughter would then start taking the payments and paying them for me. Once I furfill my aggreement the deed was to be turned over to me. He said his daughter was as kind and understanding as him and that they are just glad we could all help each other.

I’ve been paying his daughter for 6 months now. This month she sent me a letter in ther mail saying “all my fathers assets will be turned over to probate court, i hope the judge is a leaneant on you as my father has been”. Whatever thats suppose to mean, considering the facts that the house was overpriced, high interest rate, and needed several repairs that i was unaware of before purchasing such as one very pricely expense…. all wiring needed replaced. I have always paid her father and always paid on time. I even pay $50 to him a month so he could continue to keep the insureance on the house that he had purchased for it. Also i have added an addition and a privacy fence that cost around $15k, only becasue I thought this was my house for good.

Basically i need to know what probate court is going to do? is the $4000 down payment and $30,000 ive already paid just my loss? What about the contract agrrement signed by the lawyers that say i will own the house in 8 more years if i pay monthly?
I cannot get a loan to pay off the house. i cannot get it in my name or finance it. I have bad credit that stems back to hospital bills when i was a child and credit cards issues from college years. What do i do now? I am a single mother of three kids, going thru a divorce, and I would have never paid $1000 a month and a down payment unless I thought we were going to own this house one day. Do I pay next months payment? How do I know if she has been giving my $1000 each month towards the house loan?

help! i feel suckered and as if Im going to have to come up with moving cost. I feel as if I am outta of $50,000 that I could have used for college, kids college, anything sides rent. I would have not paid a down payment and those large payments, those interest rates or the addition money if I was just renting.

Russell

Pandora asked:


Can any one tell me what the process was when they went through probate court…I know there’s a lot of textbook answers out there but can anyone share a real experience with me. Also is there anything that I need to be warned about or perhaps you could provide some useful tips.

Kathyrn Magro

The Undertaker asked:


Here’s the situation: My grandmother passed away last month and at the time of her death, she owned a home and 2 cars. My uncle has been named the executor of her estate and has asked me to go out and take care of her estate in Arizona until he can get out there in January. And right now, we have her entire estate including her cars going through probate court. What I would like to know is would it be possible for me to get insurance on one of her cars so that I can use it while I’m down there?

PS: For those of you who don’t know, Arizona state law requires all vehicles driven on the road to be insured.

Eula Franchette

derkdiggler2 asked:


Richard Fine is in county jail for bringing $47k a year bribes to the public’s attention.
Avivakbobb.com is another judge who steals from seniors via the probate courts.

These are only two other cases found, Aviva K. Bobb is responsible for putting in place another problem judge Candace J. Beason who rules the Pasadena Probate court and allows people to perjure documents to become convervator. I’ve contacted DOJ, district attorney, law agencies and they all don’t want to act knowing its a judge. This needs to stop…

Ossie Peaker

Dimples asked:


I just found out in my late 40′s that my Uncle was really my biological dad the day after he passed away. We did a paternity test before he died, but he didn’t live to hear the answer. My father (his brother) who I grew up with was left all my biological dad’s money in a notarized one page piece of paper. If other family members try to contest this paper, I would like to stand up and hand the judge a piece of paper showing that I am the deceased biological child, showing the judge the paternity test and asking a legal one to be done before he is buried. Can I just stand up in the back benches and ask the judge to read my paper without a lawyer? My biological dad didn’t want his half brother to get any of his money and I would still ask the judge to give anything that was coming to me to the father that raised me and let my dad decide what I am to get. Thanks for your time….

Deandre Mater

Subee asked:


My Father passed away on August 4, 2009 and my brother is executor of the will. He is saying my Father didn’t have anything. My Daddy did not have a lot of money, thanks to my brother, but he did have alot of ‘Personal Property’. Of course, he had clothes and personal items but he also had a lawn mower trailer, boat, motor, trailer, etc. Many items here and there but I would have to have access to his checking account to prove this which my BROTHER has complete control of. My Father also had an indemnity insurance plan that owed him $1300.00 from the days he was in the hospital before he passed. Also, my Father HAD life insurance but it is strange how it can’t be found since he past. Oh, he had been living with my brother for approx. 2 years before he past. He also had a truck, paid for, and I KNOW he had life insurance but I don’t know who he had it with. I sold insurance as well as my son does and we both discussed with my Father, (recently), before his death and he reassured BOTH of us that he had life insurance and had all he needed. He told my BROTHER TWO WEEKS before he past but for some strange reason, my brother can’t FIND the policy! My brother could care less if he EVER saw me again but the feeling is MUTUAL BUT, he has SCREWED me his LAST time! My Father had a brick home PAID FOR, in a NICE subdivision and when My MOther past away in 1992, the home was split in 3 shares with a third of the home being MINE. Well, when we all three agreed for my Father to sell the home and move in 1999, I found out there was money owing on it. My Brother had borrowed money AGAINST the house with the LOAN on a FLOATING interest RATE!! I had to SIGN my part UP to pay my BROTHER’S bill. If NOT, I would’ve been OWING on it! My Father got $3000.00 out of the sale of the house when the papers were done!! The will states that money, personal and real estate property is to be split between my brother and myself! My brother is claiming my Daddy HAD NOTHING!!! I went to the Probate JUDGE which is GOOD friends with my brother, he told me that my brother did not have to probate the will if there is no money involved! I asked the probate Judge about the personal property and he said that families are to settle that between themselves! Then he said further that I could HIRE an Attorney but I would spend LOTS OF money that wouldn’t probably be worth it!! NOW, my brother is GIVING things away! He has my Daddy’s TRUCK up for sale!! I am FURIOUS! Please if ANYONE knows of anything I can do, say, file, or whatever without ME having to PAY an Attorney, please tell me! I don’t understand WHY I have to pay OUT the YING YANG to get my fair SHARE that was GIVEN to me or left to me, JUST because MY brother is being GREETY!!! I did not get so much of a hanky of my Daddy’s. Incase it makes a difference, my Daddy lived in the state of Georgia! It is NOT the monmental value, it is the PRINCIPAL now! PLEASE, HELP ME, I can’t sit here and just let him get away with this!! There HAS to be SOME rights for the heir that doesn’t have ANY control? THANK YOU for taking the time to read this and even more if you have a solution.
I wanted to say that the Probate Judge told me that I could hire a lawyer but this is the point, why do I have to hire a lawyer and pay fees just because I am not the executor? I would think that would be the executors problem b/c he is not doing what he was appointed to do? I have paid an attorney $150.00 to discuss my options for 45 MINUTES!! Who can AFFORD THIS?? There has to be something I can do w/o the COSTLY expenses of an attorney! PLEASE SOMEONE HELP ME!?? If you can’t help, please tell me who is superior to the Probate Judge? Where do I get started to change this so it won’t happen to another person in this situation?

Clair Sellek

Jamie asked:


What happens if I am sent notice of a court date contesting a will, but I choose not to show up? Do I waive my rights to any objections to the will I might have had? Do I just get what was originally given to me in the will? And who pays the court costs when a will is contested?

Elliot Fontan

jctn asked:


I am a beneficiary in my fathers will. He died almost a year ago. To make a long story short the representative is ripping us off and the probate attorney is incompetent. Nothing has been done on time or correctly. I wrote the court over 6 months ago as well as another beneficiary and they just ignored us. We have not received one dime from my fathers estate and I think they are going to file for an extension. They didn’t file his VA insurance on time and now they won’t pay his medical bills so they are using that as an excuse. I can not afford an attorney. The smallest retainer fee is 2,500.00 which I don’t have. Everyone told me to wait until they try to close probate but at this point I don’t think the court will even look at anything other than to sign off. I feel like I have been ***** by the representative, her attorney and the court system doesn’t care. Has anyone else had experience in the Florida probate? Time is of the essence here. The representative has already blown almost 50,000.00 supposedly taking care of the homestead which she never approved of taking over by the court. Are me and my other siblings gonna get taken to the cleaners or what. I am at my wits end on this.
my biggest problem is getting the attention of the court. It is my understanding the courts in Florida are already clogged. I guess when probate is opened they just file the papers and there isnt even a judge asigned to it yet. I worte them and did it all legally but didnt get any response. I thnk the representative is getting nervous, she has already tried to talk us into signing the waivers for no accounting and we’re not buying it.

Nick Lee