Wednesday, January 11, 2012

free legal advice divorce floridaI would like advice on probate laws re: Florida and S. Carolina?

My father was well off financially, co-owned property in S Carolina and Florida with his "wife". He worked for the government until his death in 2007 at age 81. He left no will and has 7 natural children. The Florida property and both vehicles (a Lexus and Mercedes) were not claimed in the asset list by his "wife". Can this be disputed by his heirs? Is there anyplace to get free legal advice. Can we legally request a copy of their marriage license and his divorce decree from my mother?
If the items you are asking about were owned as joint assets with right of survivorship, they aren't assets of the estate; they are her property passing to her as the survinving tenant by operation of law.

Nothing to dispute

YOu can try legal aid; but you might as well face the fact this type of legal action will cost you to pursue.

YOu can request. She can tell you to get stuffed.

Marriage license and divorce decree are public recorfree legal advice divorce floridads and copies can be obtained at the courthouse where they were filed for a small fee.
go to myflorida.com, they have all types of referrals relating to anything, I know there is an attorney finder and most of them have free initial consults over the phone you could use and get answers to your questions
If he was well off then most likely he had a will that stated where his residual estate would go. It is possible that some of his property had 'a right of suvivorship' attached to it which means the property passed to the co-owner automatically once he died. This means it would not go through probate, would not show up on the list of property to be probated, and would it would go to the co-owner of the property irrespective of what the will stated. A lot of co-owners of property will choose 'right of suvivorship' as a way to ensure property passes to the survivor and does not get tied up in probate. My guess is this is most likely happened free legal advice divorce floridato the property in Florida and possibly the car. Otherwise it is possible that the car was leased and the company picked up the car after he died. Finally information you request is available from the clerk of courts in the county where he was married and divorced. Sometime counties will charge a fee for the information since it requires time to locate and print the information.

Based on the information you have provided I do not believe you can dispute the will and do believe based on the information you presented it would a waste of time. Also I believe he has done some estate planning that allowed some of the property to pass via the right of suvivorship route so that it was not probated. Finally in order to get free legal advice you need to show a high probability of success and be destitute from your posting I do not read neither. Best advice accept the death and move on with living your life.

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