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Yulee 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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AV Preeminent Peer Rated Attorneys
Yulee Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Yulee 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).

Rodney K. McIntyre, P.A.

  • 3100 University Boulevard, South, Suite 101, Jacksonville, FL 32216

Cynthia Leigh Nichols

  • 340 E. Adams St., Ste. 1, Jacksonville, FL 32202-2817

Bivens, Jones & Associates

  • 101 East Union Street, Suite 403, Jacksonville, FL 32202

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Law Office of Summer Boyd

  • 233 East Bay Street, Suite 1010, Jacksonville, FL 32202

The Law Firm of Anidjar & Levine, P.A.

  • 118 W. Adams St., Ste. 900, Jacksonville, FL 32202

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Dale, Bald, Showalter, Mercier & Green, P.A.

  • 200 West Forsyth Street, Suite 1100, Jacksonville, FL 32202

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The Mason Law Firm A Professional Association

  • 12086 Fort Caroline Road, Building 404, Jacksonville, FL 32225

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The Liles Firm

  • 50 North Laura Street, Suite 1200, Jacksonville, FL 32202-5145

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Ronald W. Maxwell, P.A.

  • 1812 University Blvd. S., Jacksonville, FL 32216-8931

Jack G. Hand, Jr.

  • 1616 Jork Rd., Ste. 205, Jacksonville, FL 32207-2493

Blackburn & Blackburn

  • 1921 Dewey Pl., Jacksonville, FL 32207-3417

Mamie L. Davis, Chapter 13 Trustee

  • 200 W. Forsyth St., Ste. 1520, Jacksonville, FL 32202-4346

Noel G. Lawrence, P.A.

  • 101 East Union St., Jacksonville, FL 32202

Mark B. MacLean, Attorney at Law

  • 2033 Flesher Ave., Jacksonville, FL 32207

Law Office of Beth M. Terry, P.A.

  • 3943 Baymeadows Rd., Ste. 3, Jacksonville, FL 32207

Hinshaw & Culbertson LLP

  • 50 North Laura Street, Suite 2200, Jacksonville, FL 32202

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Kevin S. Sanders, P.A.

  • 817 Willow Branch Avenue, Jacksonville, FL 32205

W.K. Lally, P.A.

  • 6160 Arlington Expressway, Jacksonville, FL 32211

Wicker Smith O'Hara McCoy & Ford P.A.

  • 50 North Laura Street, Suite 2700, Jacksonville, FL 32202

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Britton Law, LLC

  • 2124 Park Street, Jacksonville, FL 32204

Ulmer, Murchison, Ashby & Taylor, P.A.

  • 1050 Riverside Ave., Jacksonville, FL 32204-4123

Steven C. Fraser, P.A.

  • 101 Century 21 Drive, Suite 107, Jacksonville, FL 32216

Donahoo & McMenamy, P.A.

  • 245 Riverside Ave., Ste. 450, Jacksonville, FL 32202-4903

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Joseph L. Vaughn Jr. PA

  • 2468 Atlantic Blvd., Jacksonville, FL 32207-3564

Davis Law Firm

  • 50 N. Laura St., Ste. 2500, Jacksonville, FL 32202-3646

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David Samuel Brown Law Firm, PLLC

  • 841 Prudential Drive, 12th Floor, Jacksonville, FL 32207

Boykin Elder Law, P.A.

  • 6160 Arlington Expressway, Jacksonville, FL 32211

Sandra W. Johnson, P.A.

  • 2110 Park Ave St., Jacksonville, FL 32204-3812

Kaufman and Lynd, PLLC

  • 50 North Laura Street, Suite 2500, Jacksonville, FL 32202

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Dawn R. Latham, P.A.

  • 2384 Sadler Rd., Fernandina Beach, FL 32034

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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 happens when someone dies, there is no will, and 1 descendant is living in the home?

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Answered by attorney Robert James Slotkin (Unclaimed Profile)
Estate Planning lawyer at Robert J. Slotkin
If we are talking about homestead property (principal residence) and no spouse, then upon death the house goes to the children. Living there carries no greater rights (if both children are adults). If one is living there and that is not acceptable to the other, I would suggest one buy out the other. If he/she refuses, the other child can force a partition sale (similar to a foreclosure sale) where the property is sold judicially and the proceeds divided.
If we are talking about homestead property (principal residence) and no spouse, then upon death the house goes to the children. Living there carries no greater rights (if both children are adults). If one is living there and that is not acceptable to the other, I would suggest one buy out the other. If he/she refuses, the other child can force a partition sale (similar to a foreclosure sale) where the property is sold judicially and the proceeds divided.
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My mother passe away around 4 years ago and I am the trustee, I want to buy out my sister, is the home price based on today' or at the time of death?

Timothy C. Felice
Answered by attorney Timothy C. Felice
Estate Planning lawyer at Felice Trial Attorneys
The value of the house would be determined at the time of the sale, not at the time of the death. I suggest negotiating with your sister and come to an agreement on the price. Timothy C. Felice, Esq. Felice Trial Attorneys 561-444-8822 InjuryTrialAttorneys.com
The value of the house would be determined at the time of the sale, not at the time of the death. I suggest negotiating with your sister and come to an agreement on the price. Timothy C. Felice, Esq. Felice Trial Attorneys 561-444-8822 InjuryTrialAttorneys.com
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Could he, as a third party, delay the proceedings with a caveat or lawsuit if he believed he was entitled to compensation from the deceased?

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Answered by attorney James P Frederick (Unclaimed Profile)
Estate Planning lawyer at Frederick & Frederick Attorneys at Law
In Michigan, there is no Caveat procedure. If he was due something from the decedent, he could file a claim against the estate. The Personal Representative would then need to either accept or deny the claim. If the claim is denied, the claimant would need to file a lawsuit against the estate within 63 days or the claim would be barred. He would not be considered an interested person of the estate and he would not have the right to notice, and he would otherwise not have standing. His sole remedy under Michigan law would be to file a claim. Good luck with the book!
In Michigan, there is no Caveat procedure. If he was due something from the decedent, he could file a claim against the estate. The Personal Representative would then need to either accept or deny the claim. If the claim is denied, the claimant would need to file a lawsuit against the estate within 63 days or the claim would be barred. He would not be considered an interested person of the estate and he would not have the right to notice, and he would otherwise not have standing. His sole remedy under Michigan law would be to file a claim. Good luck with the book!
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