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Florida Probate: Taking possession of estate assets by personal representative
One of the first duties of the personal representative in a Florida probate administration is to take possession of the assets of the estate of the decedent (the person who passed away). It is the personal representative’s fiduciary responsibility to make sure that...
General powers of a personal representative in a Florida probate administration
If you are named as the personal representative in a loved one’s will that will be probated in Florida, you may have some questions about the responsibilities and powers the personal representative has in relation to the assets and debts of the probate estate. In...
Waiver of Notice in Florida Probate Cases
If you are an interested person in a Florida probate case, you are likely entitled to receive notice of the documents and actions taking place in the probate case. If you do not want to receive notice or otherwise think that you do not need to receive notice, you may...
Florida Probate: Method for serving formal notice
In a Florida probate case, there will be instances when interested persons will need to be served with formal notice in order to proceed with the probate administration. If you are a personal representative and have an attorney representing you, your attorney will...
Formal Notice in Florida Probate Cases
During a formal administration of a Florida probate case, there is often a need to provide formal notice to certain interested persons in the probate. Formal notice is used to acquire jurisdiction over that person or entity for the purposes of the Florida probate...
Requests for notice in Florida probate cases
If you are an interested person in a Florida probate case, you may be entitled to notice of documents filed, hearings, and other relevant happenings in the probate case. You or your attorney may request notice in order to make sure that assets are distributed properly...
Florida Estate Planning and Probate: Should I keep my will in a safe deposit box?
A safe deposit box is usually where you keep your important assets, like your gold bars, stock certificates, and important documents. Your Florida will and estate plan are important documents, but should you keep it in your safe deposit box? The recommendation that we...
What’s the Difference Between a Living Will and a Do Not Resuscitate Order
The practice of law requires precision in diction. That is, word choice is often critical to achieving the client’s goals. Did you hear about the $10 million comma? Few grammar debates have raged as fiercely as that over the use of the serial comma, fellow grammar...
Is something missing from my estate plan?
There are a lot of options when creating a Florida estate plan or taking care of a loved one’s estate other than hiring a lawyer. There are forms at office supply stores, online forms, document preparation companies. I didn’t mention trying to create your own drafts....
Florida Probate and Estate Planning: How to revoke a will
If you are involved in a Florida probate proceeding, the admission of the will is one of the most important steps to a successful probate administration. However, the will that is admitted to probate must be the valid will of the testator (person who executed the...
Florida Probate: Contesting a will that was procured through fraud, duress, or mistake
When you lose a loved one, you want to make sure that his or her wishes are carried out. Usually, this means probating the decedent’s (the person who passed away) will and distributing the remaining assets according to the will. Under Florida probate law, however, if...
“It’s Easier to Be a Crook Than to Get Your Money Back!”
While getting copies of a judgment at the clerk’s office the other day, I heard a man say those exact words. This was after the clerk had asked “…but you want to execute on what assets or garnish what accounts?” Apparently another clerk told him over the phone that he...
20 Insightful Quotes About Attorney
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Privacy and Probate
A common question we get is “The property was taken care of in a will, do we need to do probate?” This is one of the questions when I can confidently say “Yes, you’ll probably need probate.” This is true in every case where there’s a third party who keeps track of who...
What is a Florida self proving will?
If you are considering reviewing your Florida estate plan or creating your Florida estate plan for the first time, make sure your will is a self proving will. A self proving will is a will that can be admitted to probate without further proof of its authenticity....
Who is an interested person in a Florida probate case?
When you are thinking about whether you need to contest a will or otherwise participate in a Florida probate administration, you will need to determine if you qualify as an interested person under Florida probate law. This is especially important for will contests and...
Estate Planning For Everyone
We are committed to treating every human being with respect and dignity. We are an ally of the LGBTQ community. You can come to your consultation at Richert Quarles P.A. confident that you can share any detail with us without judgment. I want to provide services to...
Florida Probate: What is the time period for bringing a will contest?
If you want to contest a will, how long do you have to bring the will contest in a Florida probate case? As usual with legal issues, the time period can vary based upon a variety of factors. Due to this time variation, it is important that you talk to an attorney as...