Florida — Appointing a Guardian ad Litem for Minor Heirs Before Selling Inherited Land
Short answer Yes. Under Florida law you can ask a court to appoint a guardian ad litem (or other court-appointed representative) to protect the legal and financial interests of minor heirs before selling inherited real property. The court decides whether an appointment is necessary and what form of appointment (attorney ad litem, guardian ad litem, […]
Read article →Florida — Lost or Damaged Original Will Sent to the Courthouse: What Happens and What to Do
Disclaimer: This is educational information only and not legal advice. I am not a lawyer. For guidance about a specific situation, consult a licensed Florida probate attorney. Detailed Answer When the original signed will cannot be located because it was lost or damaged in transit to the clerk’s office, Florida law allows the probate court […]
Read article →Recovering Surplus Funds After a Tax Deed Sale in Florida
How to Recover Surplus Proceeds After a Florida Tax Deed Sale Disclaimer: This article explains general Florida legal procedures and is not legal advice. Consult a Florida-licensed attorney for advice about your specific situation. Detailed answer — overview of the Florida process When a county sells real property for unpaid taxes in Florida and the […]
Read article →Florida: What Financial Powers Can a Power of Attorney Give an Agent?
Detailed Answer A financial power of attorney (POA) is a written document that lets one person (the "agent" or "attorney-in-fact") act on behalf of another person (the "principal") for money and property matters. Under Florida law, a properly executed POA can grant broad authority to manage almost all financial affairs, and—if the document uses durable […]
Read article →How to Secure Wrongful Death Settlement Proceeds With the Court Clerk in Florida
Detailed Answer This FAQ explains how to protect and secure proceeds from a pending wrongful death settlement by using the court clerk in Florida. It summarizes the legal framework, typical steps you or your lawyer will take, and options to keep settlement funds safe while the court and interested parties resolve distributions or liens. This […]
Read article →Florida: Releasing Escrow Funds When the Deed Hasn’t Been Recorded
Detailed answer This answer explains how Florida law treats escrow (trust) funds when a deed has been executed but not yet recorded. It covers who controls the money, what recording does (and does not) accomplish, and practical steps to protect your money or clear the title. This is educational information and not legal advice. Does […]
Read article →Probating a Copy of a Will in Florida: Avoiding a Presumption of Revocation
How to Probate a Copy of a Will in Florida Without It Being Presumed Revoked Short answer: Florida allows a copy of a will to be admitted to probate when the original cannot be found, but the person seeking admission must prove the will’s contents and that the decedent did not revoke it. To overcome […]
Read article →Florida — What Happens If a Will Was Not Properly Signed During Probate
If a Will Is Not Properly Signed: What Happens in Florida Probate Disclaimer: This information is educational only and is not legal advice. For advice about a specific situation, consult a licensed Florida probate attorney. Detailed answer Under Florida law, certain formal requirements govern whether a will is validly executed and eligible for probate. If […]
Read article →Florida: How to Be Appointed Executor When the Named Executor Refuses to Serve
Detailed Answer Short answer: If your parent’s will names your sibling as personal representative (executor) but that sibling refuses to serve, you can still be appointed in Florida. The key steps are (1) get the refusal documented, (2) check the will for an alternate nominee, and (3) file a petition for administration asking the probate […]
Read article →Florida: Minor Settlement Hearings — Attendance and What to Expect
Minor Settlement Hearings in Florida: What to Expect and Whether You Must Attend Disclaimer: This article provides general information about Florida law and common court practice. It is not legal advice. Consult a licensed Florida attorney about your specific situation. Detailed answer Overview — why courts get involved When someone under 18 settles a legal […]
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