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Foreclosure and Florida Probate Administrations
There are frequent instances in Florida probate cases where real property (land or a home) is encumbered by a mortgage and may go into foreclosure if the property is not sold or refinanced. In these situations, beneficiaries, heirs, and personal representatives are...
Florida Probate For Non-Florida Resident
Probate is usually required whenever a person who owns property passes away. Several factors determine whether probate is necessary, and where those proceedings should be carried out. In the case of real property it depends on where the property is located and how it...
Florida Probate: How long does a probate administration take?
If you are involved in a Florida probate case, you may be concerned with the length of time that a probate administration will take from start to finish. Many factors can affect the length of a Florida probate administration. The number of creditors, type of...
If there’s (not) a will, is there a way?
Most people have heard of a will, and know that its important, yet 64% of Americans do not have a “Last Will and Testament.” There’s many reasons people do not have a will, which may include: not fully understanding what a will is, a lack of desire to make a will, the...
Understanding Legal Consideration
Business Law and Contracts: What is Consideration? Consideration is needed when drafting deeds transferring property. A deed is basically a contract, and to make the contract valid, an exchange of something of value needs to occur. This exchange of something of value...
Florida Probate: Underwater Assets
Last week an article was making the rounds about extremely long financing agreements for vehicles. These are looking more and more like mortgages. Except, unlike mortgages on real property, motor vehicles generally depreciate rather than appreciate. During a Florida...
Florida Probate: What duty does a personal representative have when selling assets of the estate?
If you are named the personal representative in a will, or if you are a beneficiary or creditor involved in a probate case, you may have concerns about what duties a personal representative has when selling assets of the probate estate. If you are a beneficiary, you...
Florida Probate: Do I own my parents’ house after they passed away?
Our firm receives many calls from people saying that the person thought he or she owned his or her parents’ house, but after some investigation, the person does not own the house. The person discovers this problem when they go to sell the property and he or she finds...
Florida Probate: Summary Administration or Formal Administration
Probate in Florida provides allow the court to use summary procedures in some cases. In our practice area page about the Florida probate processes we describe how an estate can qualify for summary administration. One of the defining characteristics of our firm is that...
The Guide to Following Advice
How do you follow an attorney’s advice if you are unsure? If you find yourself in need of legal services, you may hire an attorney to help you out in these situations. Attorneys are there to help their clients through tough times, but sometimes clients may have...
Florida Estate Planning: What is a Poor Man’s Trust?
Earlier this week, we discussed the various dangers of having a website generated form or document prep company prepare your estate plan. We have also seen at least one story in the news discussing a “Poor Man’s Trust.” One of the biggest advantages to an estate plan...
Richert Quarles P.A. Welcomes A New Paralegal
New Beginnings: What is it like to work in a law firm? Welcome! My name is Emina Memic and I would like to introduce myself as Richert Quarles P.A.’s new Paralegal. This post will serve as my introduction into my future blog posts. Some of you reading this might want...
Florida Probate: What is a waiver in a probate case?
If you are an interested person in a Florida probate case, you may be concerned about how long the probate administration is going to take. A summary administration can take up to several months, depending on the number of creditors. A formal administration can take...
Florida Estate Planning: Are form companies like LegalZoom or Suze Orman’s Financial Security Now a good choice for my estate plan?
You may have heard of services like LegalZoom and Suze Orman’s Financial Security Now through television or internet advertising. Both services advertise estate planning documents for a price that seems much lower than you may receive from going to an attorney for...
Florida Professional License Disciplinary Case Procedure
A Florida professional license disciplinary proceeding places your livelihood in jeopardy. If you have a professional license issued by the state of Florida, you may wonder what may happen in the event that you are involved in a disciplinary proceeding. It is...
Probate in Florida: Admission of Foreign Wills in Florida Probate Cases
What happens when a person resides in another location, but owns property, such as a house, car, or other titled asset, in Florida? The personal representative will need to do ancillary administration in the county where the assets are located. However, what are the...
Florida Probate is a Group Project
When we are hired to handle a probate, early on we always ask: “is everyone aware and on board with this?” The probate process requires that everyone know what’s going on. It’s great if everyone is on the same page initially. It always makes me feel like things are...
Will my debt survive me in a Florida Probate?
We often consult with people asking about probate in Florida shortly after they’ve lost a loved one. It’s really tough to find out what’s been going on in someone’s life, especially financially. We keep financial information so close to our vest that it can be a true...