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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
Unfortunately, many Floridians continue to fall victim to exploitation and abuse. The Florida legislature has provided some tools to aid families to fight elder abuse. One of those tools is the “Death Bed” Marriage Statute. Fla. Stat. 732.805 provides generally that a Florida marriage can be invalidated if it was procured by fraud, duress, or… Continue reading OVERTURNING A DEATH BED MARRIAGE IN FLORIDA
We often see people come in after a loved one has died with a will from ten, fifteen, or even twenty years ago. These wills run the risk of being stale or obsolete we call those a Lapsed Devise or similarly a Void Devise, both are treated the same in Florida law. A Lapsed Devise… Continue reading What Happens In Florida If The Person You Leave Your Things To In Your Will Dies?
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
Florida Probates can take a variety of different forms depending on the nature of the representation. Small Estate proceedings, called Summary Administrations are available if the deceased has been dead for over two years or alternatively if the total assets subject to the Florida probate administration are less than $75,000.00. In Florida the fees for… Continue reading What are typical probate lawyer fees in Florida?
Sometimes life events occur that require a change in Estate planning. In Florida will contests and Probate litigation can often turn on the strange set of circumstances surrounding whether or not a Last Will and Testament was properly revoked. Fortunately, Florida Statutes offer some guidance: 732.505. Revocation by writing A will or codicil, or any… Continue reading How to Revoke a Last Will and Testament in Florida
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
With the popularity of “avoiding probate” seminars, books and do-it-yourself guides that flooded the State of Florida over the past decades it is little wonder that our state has seen a dramatic increase in Trust Litigation. Trusts can be great estate planning tools. This article is meant to provide a basic overview for those brave… Continue reading Florida Trust Administration Basics
WAIVER OF SPOUSAL RIGHTS UNDER FLORIDA PROBATE LAW Florida probate law contains numerous protections for a surviving spouse. These interests include what is referred to as an Elective Share (a minimum entitlement to the Estate by law), preference of appointment in intestate proceedings, and rights to elect either a ½ interest in homestead property or… Continue reading Waiver of Spousal Rights Under Florida Probate Law
