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How are jointly held assets considered in Florida estate planning and probate?
One of the ways that we counsel clients in our estate planning practice is how to title assets to avoid probate. If an asset is titled in a certain way, the asset will not be considered part of a person’s probate estate when he or she passes away. Also, consideration...
Make Estate Planning a New Year’s Resolution
It’s that time of year again. The time when you make your new year’s resolutions to start off the new year on the right foot. Some of your resolutions might be to lose weight, eat healthy, or get more exercise. What about your estate planning goals? You should...
Florida Probate: What is a petition for discharge?
In a Florida probate formal administration, the personal representative has several duties that need to be completed during the probate administration. Proving notice to creditors, filing an inventory, selling assets of the estate, paying creditors, and other duties...
Florida Probate: Partition Property in Probate Administration
When more than one person become the owners of land or a home in a Florida probate case, sometimes the new owners do not have the same goals for the property. One owner may want to keep the property, while the other owner or owners may want to sell it. The way the law...
How Much Should You Be Spending on Attorney?
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What Will Attorney Be Like in 100 Years?
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Florida Probate: What is the inventory in a formal probate administration?
If you are a beneficiary, heir, creditor, or even a personal representative involved in a Florida probate case, you may have questions about the inventory of the probate estate. The inventory is one of the most important responsibilities of a personal representative....
The right to remain silent in Florida professional license disciplinary proceedings.
If you hold a professional license in Florida, such as an insurance license from the Department of Financial Services or a securities license from the Office of Financial Regulation, you may be wondering about your rights in the event the administrative agency opens...
Florida Probate: What is ancillary administration?
There are many people who own property in the state of Florida but do not reside in Florida. If someone passes away (the decedent) who resides in another state, but owns property in Florida, the Florida property needs to be distributed according to the decedent’s...
Can a text message be a valid will in Florida?
In recent news out of Australia, an Australian court held that an unsent text message was a valid will. The decedent (person who died) was a man who took his own life after composing an unsent text message stating that he wanted his all of his possessions to go to his...
Florida Probate: The two year bar on claims in probate cases
The time period for creditors to file a statement of claim in a Florida probate case is important for both creditors and the beneficiaries of the decedent’s (person who passed away) estate. For creditors, it is is important to make sure that probate is started and the...
Jurisdiction of a Florida Probate Court in probate administration
If you are involved in a Florida probate administration or a dispute regarding a will or other testamentary instrument in Florida, you may be wondering about the jurisdiction of a Florida probate court. Jurisdiction is the power of a court to issue binding...
Florida Probate: What is a curator and how can it help?
There are situations when a Florida probate is required for certain assets, but a personal representative has not yet been appointed. There may be certain assets that beneficiaries or creditors of the probate estate want to make sure are protected or there may be a...
Can you get paid to be personal representative in a Florida probate administration?
In a Florida probate administration, the person appointed personal representative has a lot of responsibilities. For all of this work, can the personal representative be paid? Yes! Florida law provides that the personal representative in a Florida probate...
Florida Probate: Bond requirements for the personal representative
If you are named as a personal representative in a Florida probate case, you may need to purchase bond and provide proof of bond to the probate court. A bond is somewhat similar an insurance policy that insures interested persons in the probate estate from damage...
Florida Probate: Procedure for removal of personal representative
If you are a beneficiary or heir of a Florida probate estate, you want to be sure that the personal representative is doing his or her job in compliance with the law. You want to be sure that the personal representative and his or her attorney are doing what is...
Florida Probate: Concerned about personal representative liability?
If you are named as a personal representative in a Florida probate administration, you probably have been worried about your potential liability for actions you take as personal representative. While liability issues for personal representative are rare because...
Liability of the Personal Representative in a Florida Probate Administration
If you are named as a personal representative in a will, you may be worried about the responsibilities that accompany being a personal representative. Being a personal representative in a Florida probate administration is a job with a lot of responsibilities. If a...