Author: bestedg3

Florida law provides a procedural and statutory guide which sets for the rights/powers and obligations of an Executor in the State of Florida. In the State of Florida, an Executor is referred to as a “Personal Representative”—this is the same as an “Executor” as the term is used in other states for all practical purposes.… Continue reading Florida Powers and Duties of an Executor (Personal Representative)

One of the most common questions I receive from folks is simply “What is probate court?”  Probate is the court-supervised process of distributing the assets of an individual, referred to as his or her “estate” after they pass away.  Probate in Florida is handled by the Circuit Court of Appeals, probate division.  This means that… Continue reading What is Probate Court?

Often times in Florida we see heirs or beneficiaries who realize that they have a share of a probate estate but for their own estate planning purposes, for taxes or for continued qualifications for medical benefits or other reasons don’t want to take the probate assets.  Instead, they seek to simply pass those assets to… Continue reading Florida Disclaimer of Property Interests Act

If your reading this article, chances are you may have received the statutorily required notice to claimaints with an interest in surplus funds subsequent to a Tax Deed sale.  The recovery of tax deed surplus funds is governed by Florida’s Tax Deed Surplus Statute which provides, §197.582, which provides:

A common scenario in Florida Trust litigation occurs when a settlor creates a trust in Florida but the trustee is out of state.  Questions arise as to the proper jurisdiction and venue for bring forth trust litigation.  Fla. Stat. 736.0202 is instructive; it provides in pertinent part:

Florida law requires that the transfer of mobile homes in most cases be done through transfer of a certificate of title.  The applicable Florida statute, Fla. Stat. 319.So22(1) provides: (1)Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner… Continue reading Title Considerations for a Florida Mobile Home Purchase

One of the more frequently encountered areas of confusion in Florida Probate and real property disputes revolves around Florida’s state constitutional protections for homestead property.  The Florida constitution Article 10, section 4 of the Florida constitution provides: SECTION 4. Homestead; exemptions.— (a) There shall be exempt from forced sale under process of any court, and no judgment,… Continue reading Florida Homestead Property

Importantly, in a Formal Administration a Personal Representative is nominated.  Often referred to as an “executor” in other states, Florida requires that a person be appointed as the Personal Representative to administer a Formal Administration probate proceeding.  Whether you are being nominated as the potential future Personal Representative in a Last Will and Testament or… Continue reading What is a Personal Representative and What are their Responsibilities in a Florida Probate?

One of the primary justifications used for the blanket denial of coverage for many insurance claims stems from a general policy requirement contained in most Florida Homeowners’ Insurance policies that an insured must provide the carrier with prompt notice of the loss.  “Prompt notice” as you would probably guess is an undefined term and not… Continue reading Dealing with Denied Insurance Claims Based on an Allegation of Late Notice in Florida

The general duty of a Personal Representative to faithfully gather the assets of the decedent also includes an obligation to make a determination regarding litigation on the decedent’s behalf after death and the continuation of litigation that the decedent initiated prior to his or her passing. These enumerated powers are set forth in Florida Statute… Continue reading Suing on Behalf of the Estate: Wrongful Death Actions and Other Claims in Florida Probate