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 the personal representative as a matter of law. In practice of course the homestead is a central part of the probate administration and the primary… Continue reading TAKING ACTION ON HOMESTEAD: FLORIDA’S PERSONAL REPRESENTATIVE’S LIEN
Sometimes being a Personal Representative in a Florida probate proceeding is quite easy. These are the cases where the administration is uncontested, and the Client is simply executing the documents prepared by our office. In other instances the job can be quite difficult, we have had Clients forced to step in and wrap up businesses,… Continue reading PERSONAL REPRESENTATIVE FEES IN A FLORIDA PROBATE – ESTABLISHING ENTITLEMENT AND OBJECTIONS
A probate proceeding in Florida is a Court supervised distribution system designed to protect beneficiaries and creditors and to ensure that (1) the appropriate beneficiaries are discovered/noticed to the proceeding and that (2) creditor claims of the deceased are settled pursuant to the rules of the Florida Probate code and finally so that (3) distribution… Continue reading How to Start a Probate Proceeding in Florida
One issue that arises frequently in a Probate Administration is the devise, bequest or inheritance to a minor (under 18 years old). A minor cannot have an ownership interest in property that exceeds a certain value. Fla. Stat. 744.301 Provides: 744.301 Natural Guardians.— (1) The parents jointly are the natural guardians of their own children and of… Continue reading Guardianship Over Minor’s Property in Florida
Florida Will and Trust Contests Part I: An Overview Unfortunately a testator’s last wishes or estate plan can be simply eviscerated though the actions of unscrupulous characters in their lives. Because we have seen these issues arise so frequently, this article is meant to provide a basic road map for understanding what to do if… Continue reading Florida Will and Trust Contests Part I: An Overview
We hear from many heirs and beneficiaries who are unhappy with the administration of their Probate for a variety of reasons. In Florida, as an heir or beneficiary, or any interested party, you have the right to make sure that your probate is being administered according to law. If your Personal Representative has failed to… Continue reading Removing a Personal Representative in Florida
Death and Taxes, famously inevitable and often quite brutal on the un-seasoned Florida executor or Personal Representative dealing with a probate. In this article we provide a brief overview of how to handle both the Federal and State challenges that come with a Florida Probate. Federal Estate Taxes For most Americans, there will be no… Continue reading Federal and Florida Estate Tax Considerations for Probate
Frequently we deal with Florida Probates where an heir or a beneficiary is unable to be found. If you have a Florida Probate Administration where a beneficiary or an heir goes missing or you or your family has lost touch with the individual you have a few options. First, remember that the Florida Rules of… Continue reading Dealing With Missing Beneficiaries or Heirs in Florida Probate
When thinking about your estate planning options, it is important to know the backdrop upon which your decisions will be made. If you die without a will, the State of Florida has pre-set rules, called the rules of intestate succession, that will determine how all assets subject to distribution shall be distributed. Here is a… Continue reading The Florida Rules of Intestate Succession
If you find yourself reading this article you may be interested in opening a safety deposit box of a family member or loved one in the State of Florida. Fortunately, there are several legal avenues that can be pursued in order to allow you and your family to open up the deposit box and figure… Continue reading How to Open a Safe Deposit Box in Florida
