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AV Preeminent Peer Rated Attorneys
Miami Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Miami Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What's the cost to have a estate document done?

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
Whether you can open an estate using a small estate affidavit or must file an application with the local probate court turns on state law and the size and nature of your father's estate.  Either is likely to cost more than $600.  If that is all he left (besides some old clothes and shoes), you may prefer to let the check go to unclaimed property with the state comptroller's office and, years from now, try to prove to that office who your father's heirs are.
Whether you can open an estate using a small estate affidavit or must file an application with the local probate court turns on state law and the size and nature of your father's estate.  Either is likely to cost more than $600.  If that is all he left (besides some old clothes and shoes), you may prefer to let the check go to unclaimed property with the state comptroller's office and, years from now, try to prove to that office who your father's heirs are.
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Is there a way to force someone to sell the homes in an estate if they weren't left to me?

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Answered by attorney Robert James Slotkin (Unclaimed Profile)
Estate Planning lawyer at Robert J. Slotkin
You need to open a probate file in your county. Unless there was a will that says otherwise, you should petition to be the executrix (called personal representative). As execurtrix, you can force sale of the homes. If there is already an estate and you re not executrix, you can schedule a hearing with the judge and ask him to force a distribution. Estates are required to be closed in a year, so it should be wrapped up. Once you get your share of the houses, you can force a sale through a partition action, a court proceeding which requires a sale of property if one co-owner requests it.
You need to open a probate file in your county. Unless there was a will that says otherwise, you should petition to be the executrix (called personal representative). As execurtrix, you can force sale of the homes. If there is already an estate and you re not executrix, you can schedule a hearing with the judge and ask him to force a distribution. Estates are required to be closed in a year, so it should be wrapped up. Once you get your share of the houses, you can force a sale through a partition action, a court proceeding which requires a sale of property if one co-owner requests it.
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What are our options if there is a dispute over a will?

Answered by attorney David Goldman
Estate Planning lawyer at Law Office of David M. Goldman PLLC
Probably not, but she can leave her 1/2 interest to the other 3 children. This should be done before her death to avoid the ownership to pass to the other child. If she has other assets, she can also make up the difference using a will or trust to account for the difference in asset value. You might consider looking at an enhanced life estate deed.
Probably not, but she can leave her 1/2 interest to the other 3 children. This should be done before her death to avoid the ownership to pass to the other child. If she has other assets, she can also make up the difference using a will or trust to account for the difference in asset value. You might consider looking at an enhanced life estate deed.
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