Legal Question in Wills and Trusts in Florida
In mid April, it will be six months since my father in-law passed without a Will. My husband (only child) is the Personal Rep. of his estate through Formal (his step mother is in her 90's and speaks little English). We have now found out that a majority of the cash from the estate will go to his step-mother (joint accounts over $600K). The home according to the county's property appraiser office was considered Homestead prior to his passing (and was in his name only), and assets will be under the $75,000 that can be considered in a probate, and may qualify for Summary instead. My in-laws were hoarders and the house and land is in bad shape. So far we have about $40K in estimates on the repairs (repair money not an issue), but the house we are renting will be sold in 5 months (just found out), and we do not live in the same area where the home is. Our attorney is now saying that it might become a Summary, but it is not officially Homestead until the creditor period ends in May. He had no debts, and house / land are paid for. We want to buy her out, as she no longer lives there and wants to sell. What is the best course of action? The appraisal should be back by next week. Can we get something in writing about an offer they will accept, and start repairing the home now? And then at the end of May, file the proper paper work with the courts and let the money change hands at that point? Our attorney has made a few key errors that we had to point out, and we are very concerned how things are going to go from here. There was also some confusion if this was still considered a life estate if she no longer lives there, and will not be returning? But I have also been told that if she does not elect to receive 50% of her interest within six months after her husband's death, it remains a life estate. Is this correct? Thanks.
2 Answers from Attorneys
No attorney is going to give you a definitive answer for 2 reasons: 1. the question is much too complicated to answer without a complete review of all the documents in the matter; and 2. you have an attorney. It is unethical for attorneys to render advice to someone, when that person is already represented.
If you are unhappy with your attorney, and already pointed out errors, perhaps it would be in your best interest to terminate your service with him. I would bet that he is basing his/her fee on the value of the estate and therefore you will owe a tremendous probate fee when in fact you may not have to do so.
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