Larry Tolchinsky | October 21, 2010
More often than not, the probate process is simple and straightforward. Where the decedent executed a Will, his property is disposed of in accordance with it. Where there is no Will, his property passes to his spouse and/ or children. Sometimes, however, there are complications; for example, the decedent may have disinherited his spouse in [...]
Larry Tolchinsky | October 21, 2010
The term “probate property” refers to property that someone inherits upon another’s death. As soon as the administration of an estate is commenced and a Personal Representative is appointed, probate real estate information becomes available at the county courthouse – even if the PR has manifested no interest in selling it. If you’re interested in [...]
Larry Tolchinsky | October 21, 2010
The Personal Representative’s first order of business upon being appointed to administer a deceased person’s estate is to ensure that the decedent’s mail, etc. is being forwarded to him. The biggest reason for this is so that the PR is kept abreast of the decedent’s obligations to third parties (i.e. phone, power/ lighting, credit card, [...]
Larry Tolchinsky | October 21, 2010
The costs of probating an estate vary according to jurisdiction, length/ depth of the process, whether the Personal Representative is required to post a bond and which attorney the PR chooses to represent him. If the administration is relatively straightforward, an attorney may charge a flat fee for his role in the process plus all [...]
Larry Tolchinsky | October 21, 2010
The PR’s attorney’s compensation is usually determined in one of three ways: (1) as agreed among the attorney, the PR and the persons who bear the impact of the fee (i.e. the beneficiaries), (2) as determined by the judge, or (3) as may be presumed to be reasonable under FL law. FL Statute 733.6171 provides [...]
Larry Tolchinsky | October 21, 2010
A deceased person’s court-appointed Personal Representative manages the administration of his estate from start to finish. To ensure that his activities are in complete compliance with Florida probate law, it is advisable for the PR to hire a licensed FL attorney to help him through the process. Among other things, the attorney can help the [...]
Larry Tolchinsky | October 21, 2010
The court will generally adhere to the decedent’s instructions if he designated who is to serve as his Personal Representative in his Will. If the person is unavailable or unwilling to serve, however, or if the decedent did not name a PR in his Will, the court will generally appoint a close relative of the [...]
Larry Tolchinsky | October 21, 2010
A deceased person’s estate is administered primarily by his court-appointed Personal Representative. In Florida, the PR can be an individual, bank or trust company, subject to certain restrictions. An individual, for example, may only serve as PR if he is a FL resident or, alternatively, if he is a spouse, sibling, parent, child or other [...]
Larry Tolchinsky | October 21, 2010
There are three types of probate administration under Florida law – formal, ancillary and summary administration, of which formal administration is most common – and one very rare non-court-supervised process. Ancillary probate typically becomes necessary when the deceased person owned real estate in FL but was domiciled (i.e. maintained his primary residence) elsewhere. You should [...]
Larry Tolchinsky | October 21, 2010
The Florida Probate Code is found in Chapters 731 through 735 of the FL Statutes. Chapter 732 contains rules for the distribution “intestate” property – the part of the estate, if any, that is not properly disposed of by Will and must thus be divided amongst the decedent’s heirs. It also speaks to the decedent’s [...]