Can I Sue My Real Estate Agent for Misconduct or Bad Advice?
Video Summary
Can I sue my real estate agent for misconduct or bad advice? Technically, yes, although I have in my career very few times where, if at all, where I see where you would have a cause of action against the realtor in conjunction with listing and selling your property for giving you bad advice or misconduct. Most of the time, all of this is verbal, and having to prove all of that is difficult. And so it’s very, very difficult to do. Also, you’ve been finding an attorney who would undertake to represent you against a real estate agent for that. Just because they give you their opinion as far as the value of the property, which may not be correct, that doesn’t necessarily mean that they may be responsible for any damages. Their misconduct, you would have to show that you were somehow damaged. So although technically you could bring a cause of action, I suggest that before you undertake to do that, talk to, try and find an attorney who’s willing to undertake representation and find out how much it’s going to cost you to try and pursue this matter against your realtor. If you have any questions, give me a call at 727-847-2288.
- Published in Real Estate, Videos
What a Executor Really does and How to Choose One?
Video Summary
What does an executor really do and how do you choose one? Well, whenever you designate a personal representative and you pass away, the personal representative or executor contacts an attorney and reviews with the attorney your will to see if there are any assets that are just titled in your name. Once they determine this, determine that there are assets just in your name, the attorney will explain the probate process where you petition the court to have you be appointed as the personal representative and have what they call letters of administration issued. Once you’re issued letters of administration, you then send out, your attorney will send out for you, notice to creditors giving them a certain period of time to file their claim. They have three months from the date of publication in the newspaper to file their claim. You have the duty to notify them, any reasonably ascertainable creditor, and give them notice so that they can file their claims. You then turn around and start what they call marshaling or getting your arms wrapped around what assets the decedent owned and then determine whether or not they need to be liquidated or whether or not you’re going to distribute it to the beneficiaries. You file an inventory after 60 days and then after the period for creditors expires, you then see about paying any outstanding creditors and then pay the balance of whatever’s in the estate or distribute the assets to the beneficiaries. So if you have any questions about what to do as far as being designated as a personal representative, give me a call. In addition to how do you select one, you have to designate a relative or a person who resides in the state of Florida to be your executor. Your relative does not have to reside in Florida to be able to serve. However, any residents you select in Florida can serve as a personal representative. If you have any questions concerning this, give me a call at 727-847-2288.
- Published in Estate Planning, Videos
Is There a Deadline for Creditors to Submit Claims in Probate?
Video Summary
Is there a deadline for creditors to submit their claims in probate? Yes, there is. The executor, once they’re appointed by the court and issued letters of administration, their lawyer sends out a notice to credit to any reasonably ascertainable creditor. That gives the creditor three months in which to file their claims in the estate. If they don’t do that after receiving this notice, then their claims will be barred. If the notice is not sent or a creditor does not receive notice, they have up to two years before their claim is barred. There is a time limitation and a procedure or process to give notice to creditors to file their claims or else they will be barred. If you have any questions, give me a call at 727-847-2288.
What If Multiple Wills Are Found – Which One Is Valid?
Video Summary
What if multiple Wills are found after someone dies? Which one is valid? The last Will that was signed is the one that is considered valid. And so that is basically how you determine which Will is valid. Sometimes this is a fertile ground for Will contest or whatever, as far as having a series of Wills, unless they’re prepared by an attorney. And then the Will will provide that I declare it to be my last Will in the testament, expressly revoking all prior Wills. In that event, it’s very clear that the last dated Will is the one that is effective. If you have any questions, give me a call at 727-847-2288.
Are Probate Court Records Public and How Can I Keep My Estate Details Private?
Video Summary
Are probate court records public and how can I keep my estate details private? Yes, probate proceedings are public record. One of the things that is not public record in a probate proceeding is the inventory, so no one can find out what’s in the estate other than the attorneys who represent the personal representative or represent a particular beneficiary. So if that’s the detail you’re concerned about, it is not public record. If you want to keep all the details of your estate private as to who receives it, as well as the assets, you should consider putting your assets in a Trust and executing a Trust document and that way they will not be public records. If you have any questions, give me a call at 727-847-2288.