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What is a Partition in Florida? In Florida, partition is a legal process by which co-owners of a property can divide it into separate shares or interests. This may be necessary if the co-owners can’t agree on how to use or manage the property, or if they want to sell their share and divide the… Continue reading ATTORNEY FEES AND COSTS IN FLORIDA PARTITION ACTIONS
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 adjust their accounts accordingly. This includes expenses such as mortgage payments, insurance, taxes, and necessary repairs. The court will first determine the percentage of ownership… Continue reading RECOVERY OF PROPERTY EXPENSES & COSTS FROM A FLORIDA PARTITION ACTION
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
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 by deed, by conveyance through last will and testament or as we commonly see as the default distribution of homestead to a spouse who is… Continue reading LIFE ESTATE INTERESTS IN FLORIDA: THE RIGHTS OF LIFE TENANTS V. VESTED REMAINDERS
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 personam” jurisdiction which is jurisdiction over a person. This distinction is relevant because one of the primary jobs of a Personal Representative will be to… Continue reading THE POWERS OF THE FLORIDA PERSONAL REPRESENTATIVE PART 1: TO COLLECT ASSETS & FREEZE ASSETS
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
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. So in general what does a Florida Trust require? Adherence to and compliance with the Trust document. The Trustee is a fiduciary and as such… Continue reading FLORIDA TRUST ADMINISTRATION BASICS
