RECOVERY OF PROPERTY EXPENSES & COSTS FROM A FLORIDA PARTITION ACTION
In a partition proceeding in Florida, an accounting must be conducted to determine whether each co-owner has paid their fair share of the expenses related to the property and to…
CAVEATS FOR FLORIDA PROBATE
What is a Caveat? A caveat is a legal notice or warning that may be filed with a court or other government agency by an interested party in an estate…
FLORIDA POWER OF ATTORNEY – AGENT RESPONSIBILITIES & LIABILITIES AND WHAT TO DO IF YOU SUSPECT ABUSE BY THE AGENT
AGENT DUTY AND LIABLITY UNDER FLORIDA LAW A power of attorney is a legal document in which a person (the "principal") grants authority to another person (the "agent") to act…
DEALING WITH CREDITORS IN A FLORIDA PROBATE: TIPS AND TRICKS
Ok first some basics, in the state of Florida, creditors of a deceased individual may file a claim against the estate to recover debts that are owed to them. The…
LIFE ESTATE INTERESTS IN FLORIDA: THE RIGHTS OF LIFE TENANTS V. VESTED REMAINDERS
Life Estate interests as the name suggests are interests in real property measured by the lifetime of the grantee or recipient of the interest. Life estate interests can be created…
THE POWERS OF THE FLORIDA PERSONAL REPRESENTATIVE PART 1: TO COLLECT ASSETS & FREEZE ASSETS
The Probate action is an action over property and the distribution of Property among heirs and is often referred to as in rem (over property) jurisdiction as opposed to “in…
FLORIDA PROBATE LAW UPDATE: OBJECTIONS TO THE APPOINTMENT OF A PERSONAL REPRESENTATIVE
One common concept that gets liquidated frequently in Probate Administrations in Florida is the concept of Preference of Appointment. Meaning who gets to be in charge of the Estate. Florida…
JOINT TENANCY WITH THE RIGHT OF SURVIVORSHIP AS A WAY TO HOLD TITLE TO REAL PROPERTY IN FLORIDA
The main ways to hold title to real estate in Florida are (1) Tenants in Common (2) Tenants by the Entireties and Joint Tenants with the Right of Survivorship. Joint…
FLORIDA TRUST ADMINISTRATION BASICS
Being a Trustee over a Florida Trust is not always a fun job. The Trustee has some important responsibilities governed by (1) the Trust document (2) the Florida Trust Code.…
TAKING ACTION ON HOMESTEAD: FLORIDA’S PERSONAL REPRESENTATIVE’S LIEN
A recurring challenge in Florida Probate administrations centers around the handling of homestead Property. As the homestead property is not an estate asset and thus not in the hands of…