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When a settlor (creator) of a trust dies, sometimes it is necessary to probate their estate.  While one of the great things about having a trust is the ability to potentially avoid probate, sometimes it makes sense to open a formal administration to be able to probate the settlor’s estate. It all starts with the… Continue reading DEMYSTIFYING THE ROLE OF TRUSTS IN A FORMAL ADMINISTRATION

Often we will speak with Clients about their estate planning needs and discover that there are major misconceptions about what is necessary. When it comes to estate planning, there are two documents that stand out as the most important: the will and the trust. Both serve different purposes, but they both play a crucial role… Continue reading UNDERSTANDING THE DIFFERENCES BETWEEN WILLS AND TRUSTS UNDER FLORIDA LAW

Florida law has various tools to remove folks improperly in possession of Property. The basic tools include the following options under Florida Law: (1) Ejectment (2) Wrongful Detainer (3) Eviction. We will go over the basics of these and some differences: What is an Eviction under Florida Law? An eviction is a legal proceeding to… Continue reading HOW TO REMOVE PERSONS FROM YOUR PROPERTY UNDER FLORIDA LAW: POSSESSION ACTIONS

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 proceeding. The purpose of a caveat is to alert the court to a potential issue or claim that the interested party wishes to raise or… Continue reading CAVEATS FOR FLORIDA PROBATE

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 on their behalf. This authority can be limited to specific tasks or can be broad and cover a wide range of responsibilities. Florida has a… Continue reading FLORIDA POWER OF ATTORNEY – AGENT RESPONSIBILITIES & LIABILITIES AND WHAT TO DO IF YOU SUSPECT ABUSE BY THE AGENT

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 process for filing a creditor claim in a probate proceeding is outlined in Florida Statutes, Chapter 733. Under Florida law, a creditor must file a… Continue reading DEALING WITH CREDITORS IN A FLORIDA PROBATE: TIPS AND TRICKS

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 Courts have a statute to guide litigants, 733.301 which provides: 733.301 Preference in appointment of personal representative.— (1) In granting letters of administration, the following order of… Continue reading FLORIDA PROBATE LAW UPDATE: OBJECTIONS TO THE APPOINTMENT OF A PERSONAL REPRESENTATIVE

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 Tenants with the Right of Survivorship is a manner of holding real estate where if one joint owners passes away the other acquires their interest… Continue reading JOINT TENANCY WITH THE RIGHT OF SURVIVORSHIP AS A WAY TO HOLD TITLE TO REAL PROPERTY IN FLORIDA

A common problem arises in Probate cases where property is transferred to one or more family members and there is a general disagreement regarding what do with the home or property.  Partition is a procedure attempting to reach an equitable solution when there are multiple owners of a property.   We previously discussed Partition of real… Continue reading How To Force The Sale Of Real Estate In Florida: Part 2 – Heirs Property

Our office frequently encounters questions from folks in the Tampa Bay Area and beyond regarding Probate.  Some estates simply consist of Mobile homes and or Vehicles. This article is meant to provide an overview and basic guide for those transferring title to a vehicle or mobile home after the death of a family member or… Continue reading How to Obtain Title to a Vehicle or Mobile Home After a Death in Florida: