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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
For most people being sued is a terrible and stressful event. Sometimes, rather than facing the uncertainty head on, people fail to do anything at all. In Florida, the failure to respond to a lawsuit within a specified time period, sometimes as little as 20 days, can result in a Default being entered against you. That means… Continue reading How to Get out of Default 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
Here is a common scenario, you have fought the good fight, gone through litigation, obtained a Judgment from a Judge or Jury and you won! Congratulations. Now the Defendant should be cutting you a check shortly correct? Chances are if your reading this article you have come to learn that collection from a Judgment is… Continue reading A Step by Step Guide to Florida Collections
In previous posts we have provided an overview regarding the collection process in Florida. You can access that article by clicking here. This article will explain Florida’s Enforcement of Foreign Judgment Act which is codified in Florida Statutes, chapter 55 subsections 501 through 509. This procedure is crucial for judgment creditors whether they be individuals… Continue reading Collecting Your Foreign (Out of State) Judgment in Florida
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
A statute of limitations sets the time frame upon which a cause of action may be brought. Typically, Florida Statute Chapter 95 sets forth the statute of limitations periods. Foreclosure, an action brought typically by a lending institution is ultimately a cause of action rooted in breach of contract (the mortgage). That cause of action,… Continue reading Understanding the Statute of Limitations for Foreclosure
I have recently encountered several homeowners struggling with the foreclosure process and a battle with their homeowners’ insurance company at the same time. If you have monies from your insurer due to sinkhole, fire or water damage that have been tendered to both you and your lender during foreclosure you may know what a headache… Continue reading Foreclosure and Property Insurance Claims
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
Frequently our office gets calls from people involved in the collections process as either a debtor, a person owing money, or a creditor, someone looking to collect from a judgment. As any attorney will tell you, an Order of Final Judgment isnt worth the paper its printed on if you cant collect from the Defendant.… Continue reading An Overview of Collections in Florida
