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Cost of ancillary probate (summary administration) in florida

chapjim

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@DeniseM

Can we put a lid on this thread?
 

rapmarks

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Is your sister in law aware of the yearly maintenance fee that goes with the timeshare?
I suggest you post this topic on the Moneyist column On Facebook.
I do know that when I settled my aunts estate, I had a different scenario where the county had somehow changed my aunts address. She had vascular dementia and stopped getting property tax bills On a piece of land she had owned for over fifty years. Calls from me were not sufficient for the county to send property tax bills to her correct address. They insisted I go through a court process in order to correct the address. The lawyer advised that the costs to correct the situation were more than the land was worth and to let it go. real estate agents also advised that because of the length of time that had elapsed with non payment of property tax, the property would have already been foreclosed. I would think you also have a duty to the estate not to spend $5000 on a worthless timeshare.
 
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easyrider

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to support your position that owners should always abandon the timeshares instead of dealing with them.

I support this idea in many cases. Often times an estate goes through probate neglecting to account for contractual obligations. A public notice to creditors is all that is required which is not the same as actually notifying the obligee. The obligor has a certain amount of time to respond to the public notification and if they don't , probate usually proceeds. The obligor would have the right to repossess or foreclose in matters of items that can be repossessed or foreclosed on.

If the obligor attempts to sue the estate the result is repossession or foreclosure so I'm not seeing why they would sue, especially for an item that has a worth of little to nothing.

Bill
 

easyrider

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I know how the report button works.

It's an interesting subject and nothing in the thread has been against the rules. Why would you want it closed ?

Bill
 

chapjim

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It's an interesting subject and nothing in the thread has been against the rules. Why would you want it closed ?

Bill
It is an interesting subject and it WAS an interesting thread until it turned into personal attacks and insults.
 

vacationtime1

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OP should google: orlando ancillary probate timeshare. There are several law firms doing this exact work, some of which must have have figured out how to do this work efficiently.
 
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5finny

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@sciguy82

Long thread about shoulds ,musts and must nots
If it was my sister and she felt that strongly about it I would simply spend the money (part of it is probably hers anyway) and chalk it up to trying to preserve family harmony.
Good luck with a difficult situation
 
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easyrider

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It is an interesting subject and it WAS an interesting thread until it turned into personal attacks and insults.

It's just the way people express themselves but I get what you are saying.

Bill
 

LeslieDet

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I support this idea in many cases. Often times an estate goes through probate neglecting to account for contractual obligations. A public notice to creditors is all that is required which is not the same as actually notifying the obligee. The obligor has a certain amount of time to respond to the public notification and if they don't , probate usually proceeds. The obligor would have the right to repossess or foreclose in matters of items that can be repossessed or foreclosed on.

If the obligor attempts to sue the estate the result is repossession or foreclosure so I'm not seeing why they would sue, especially for an item that has a worth of little to nothing.

Bill
Bill - what seems to have been ignored by many in this post is that the SIL wants the timeshare, and is a named heir. The executor is aware that the heir desires the real property ownership interest, and that to complete the legal transfer of ownership, he must complete an ancillary probate. The question is not whether that is ultimately a smart decision by the SIL, the question is how does he efficiently accomplish his fiduciary duty to fulfill the wishes of the deceased as written in her will as well as the wishes of the beneficiary? That is his obligation. Sure, he can try and counsel his SIL that it may be an emotional decision she is making and not have any long term value to her, but it is still his obligation to properly complete the probate and transfer of title. Frankly, anything else is irrelevant.
 

easyrider

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Frankly, anything else is irrelevant.

Yes, I read all that. It isn't really practical considering the value of the timeshare, imo.

Where it might be practical is if there is a retained benefit by keeping the timeshare in the family. If not, it is the exact same as any other ownership and can be bought for almost nothing.

My thought is other than a fixed week in the same unit, it isn't worth keeping for memories sake. The op should let it go and purchase another, imo.

Bill
 

LeslieDet

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The op should let it go and purchase another, imo.
Unfortunately, the OP is the executor, not the heir. And, the OP cannot make that decision for the heir, if the heir insists she wants to have the ownership. The OP must still complete the ancillary probate. Again, the focus is on the executor's fiduciary duty and not the relative value or worth of the timeshare. If the heir did not want it, then this would have been an entirely different discussion.
 

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Unfortunately, the OP is the executor, not the heir. And, the OP cannot make that decision for the heir, if the heir insists she wants to have the ownership. The OP must still complete the ancillary probate. Again, the focus is on the executor's fiduciary duty and not the relative value or worth of the timeshare. If the heir did not want it, then this would have been an entirely different discussion.
If it were to cost $10,000 to transfer this worthless property to SIL, can executor make SIL pay this (in Florida)? Can assets in NJ be used to pay probate expenses in FL?

Is the OP even the executor in Florida? I doubt appointment in NJ automatically makes OP the executor in FL, as NJ has no jurisdiction in FL. Is OP obligated to seek appointment in FL or can they decline? What if no one is appointed in FL, and no probate is opened?

Inquiring minds want to know.
 

easyrider

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Again, the focus is on the executor's fiduciary duty and not the relative value or worth of the timeshare.

The executor's fiduciary duty is to act in the best interest of the beneficiaries of the estate which includes questioning bad decisions of the heirs regarding the estate and placing values to estate items while following the terms of the WILL or TRUST.

The executors role in this scenario is to discuss the value of the timeshare and the costs to keep it in the family. Certainly, some estates have no problem regarding costs and if an heir wants to spend frivolously the estate can absorb those costs.

The factor that isn't revealed is the net worth of this estate, but considering the median net worth of an estate at probate is under $70,000, the costs to retain the timeshare may be considered excessive and the executor should explain the alternatives in this thread to the heir before proceeding in retention of the worthless item. If she wants to keep it after discussions, so be it.

Bill
 

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noone would blink an eye at someone coming here asking about the value of buying a new timeshare, and pointing out paying too much for it is a terrible idea.

no difference here IMO in pointing out a bad deal so that information can be used to make an informed decision.
 

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If it were to cost $10,000 to transfer this worthless property to SIL, can executor make SIL pay this (in Florida)? Can assets in NJ be used to pay probate expenses in FL?

Is the OP even the executor in Florida? I doubt appointment in NJ automatically makes OP the executor in FL, as NJ has no jurisdiction in FL. Is OP obligated to seek appointment in FL or can they decline? What if no one is appointed in FL, and no probate is opened?

Inquiring minds want to know.
I am sure the counselor has blocked me and we will never get her learned responses to the above questions that go the heart of her claims about the "executor's" obligations in Florida.
 

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Is the OP even the executor in Florida? I doubt appointment in NJ automatically makes OP the executor in FL,
This is an excellent point. It does not. Letters testamentary issued by the probate court of the jurisdiction are the only thing that can make one an executor in that state.
 

LeslieDet

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The factor that isn't revealed is the net worth of this estate, but considering the median net worth of an estate at probate is under $70,000, the costs to retain the timeshare may be considered excessive and the executor should explain the alternatives in this thread to the heir before proceeding in retention of the worthless item. If she wants to keep it after discussions, so be it.
That is correct, the net worth of the estate is not revealed in this post. I have never disagreed with you that the executor should discuss with the heir. And, thank you for confirming that if the heir wants to keep it after discussion, so be it. That is indeed the obligation of the executor.

And as to others who fail to understand that the will itself appointed an executor, they must not grasp that it is irrelevant if the executor lives in NJ or NY or any other location; that executor commences the ancillary probate in FL to deal with the FL real estate, and the probate court in FL then proceeds. Identifying an executor in a will isn't a multiple choice question. The will isn't going to say for my property in NJ I appoint X and for my property in FL I appoint Y. LOL. The contortions that some (not you Bill) go into on this site to try and support their narrative is just so laughable.
 

rapmarks

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Well I had a novel experience yesterday.
I put in a mail forwarding from Wisconsin to Florida as I have for the past 21 years. This time I was asked to prove my identity. Because investments are in name of trust, and my husband is first named on trust, I always use his name and mark to everyone in household with same name. Well post office insisted he prove his identity, and since he is deceased, they want his death certificate, his will, and proof that I have been appointed his executor. So from now on, I will just put my name and see if mail addressed to both of us with his name will get forwarded. Even though all utilities were informed and sent death certificate, many still send the bill in his name. I do almost everything on line, but it still can get interesting
 

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That is correct, the net worth of the estate is not revealed in this post. I have never disagreed with you that the executor should discuss with the heir. And, thank you for confirming that if the heir wants to keep it after discussion, so be it. That is indeed the obligation of the executor.

And as to others who fail to understand that the will itself appointed an executor, they must not grasp that it is irrelevant if the executor lives in NJ or NY or any other location; that executor commences the ancillary probate in FL to deal with the FL real estate, and the probate court in FL then proceeds. Identifying an executor in a will isn't a multiple choice question. The will isn't going to say for my property in NJ I appoint X and for my property in FL I appoint Y. LOL. The contortions that some (not you Bill) go into on this site to try and support their narrative is just so laughable.
Who said the OP wasn't named as executor in the will? Hint: No one.

So you are saying if OP obtains letters of appointment as executor in NY, they are required to agree and seek letters in Florida? Is this New York or Florida law?
 

LeslieDet

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Well I had a novel experience yesterday.
I put in a mail forwarding from Wisconsin to Florida as I have for the past 21 years. This time I was asked to prove my identity. Because investments are in name of trust, and my husband is first named on trust, I always use his name and mark to everyone in household with same name. Well post office insisted he prove his identity, and since he is deceased, they want his death certificate, his will, and proof that I have been appointed his executor. So from now on, I will just put my name and see if mail addressed to both of us with his name will get forwarded. Even though all utilities were informed and sent death certificate, many still send the bill in his name. I do almost everything on line, but it still can get interesting
The USPS changed the rules for mail forwarding in July 2023. It was done to combat fraud.
 

rapmarks

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The USPS changed the rules for mail forwarding in July 2023. It was done to combat fraud
So how do you suggest I get my mail when it is addressed in both names. Legal advice was to put assets in a trust. The trust starts with his name.
 

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So how do you suggest I get my mail when it is addressed in both names.
Well, for those accounts that are unrelated to your trust, you will probably have to call your utility providers and update the name on the account. If investments are in the name of your trust, and your H has since passed, I'd suggest that you request the brokerages you are using, or perhaps the banks update their mailing label to you as the trustee of the {name of the trust}. So, if you and your H set up your accounts to be called the John Smith and Jane Smith Revocable Living Trust dated x/xx/xx, since your H passed, and you are the sole trustee of the trust, you can request that they address your account as Jane Smith, Trustee of the John Smith and Jane Smith Revocable Living Trust....

Just as an example, I am the successor trustee of a trust that doesn't contain my name at all. Once I became the successor trustee, I updated all accounts to be addressed to [my name, successor trustee of the XXX trust], and then my address. In this particular matter, the original grantor is still living, but resigned as trustee, and thus I had to provide to the financial institution the notarized resignation of trustee, and the successor trustee info from the original trust that named me. If you've updated your financial accounts to reflect the passing of your H, then there should not be an issue with you, as sole trustee, updating the addressee.

As to the USPS, I'd use your name to do the mail forwarding, and then check the box for all mail in household.

I don't understand why your utility companies refuse to update the account, especially since you've provided them with the death certificate.

What other types of mail come addressed to both names?
 
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