Can Florida Personal Representative Directly Transfer Securities (Stocks, Bonds) to the Beneficiaries?

| April 20, 2016

A Personal Representative of a Florida Estate has legal possession and control of all the property owned by the person who has passed away (the “decedent”). This power is usually given to the P.R. both under the terms of the Last Will and Testament as well as the Florida Probate code. The P.R.’s duties will […]

Collecting Debts Owed To The Decedent

| February 3, 2016

When someone passes away in Florida, our probate laws work to protect that person’s property on behalf of their heirs, beneficiaries, and creditors. An “estate” is created and overseen by an administrator approved by a Probate Judge. This administrator, or the “Personal Representative” (which most people recognize as an ‘executor’), has the job of making […]

What About the Car? 8 Things to Know About A Florida Personal Representative And The Decedent’s Automobile

| January 20, 2016

When someone passes away in Florida, laws immediately come into play to protect the decedent’s property. An “estate” is formed under Florida law as the official owner of the decedent’s real estate and personal property until those assets are sold or distributed to the heirs. The person that takes care of overseeing the sale or […]

What Is A Personal Representative’s Probate Bond?

| December 17, 2015

Bond Requirements For A Personal Representative According to Florida’s probate law, when a loved one passes away, a probate “estate” is created as the interim legal owner of the decedent’s assets and debts until the estate can be administrated in accordance with the wishes set forth in the decedent’s Last Will And Testament (if there […]

Does A Personal Representative Have A Duty To Continue The Decedent’s Business?

| December 3, 2015

In Florida, the Personal Representative of an estate has great power (as well as great responsibility) as he or she oversees the distribution and compromise of an estate’s assets and liabilities. Beneficiaries, heirs, and creditors all rely upon the personal representative to do the job of maximizing the value of the estate’s assets while paying […]

Sale of Estate Assets by Personal Representative

| October 7, 2015

Here in Florida, the job of overseeing the distribution of someone’s property to their heirs after they have passed away is undertaken by a person appointed by the Probate Court to be the “Personal Representative” of the decedent’s estate (which many may recognize as the role of an “executor” or “administrator,” as they are referred […]

In Florida, Joint Tenancy With Right of Survivorship as an Estate Planning Tool to Avoid Probate: What Are The Risks in This Form of Florida Joint Ownership?

| December 26, 2013

Florida law allows two people (think a husband and wife, or a parent and child) the ability to own Florida property together as joint owners in several ways, one of which is known as the “joint tenancy with right of survivorship.” The Joint Tenancy With Right of Survivorship (JTWROS) is familiar to bankers, lawyers, CPAs, […]

Buying and Selling Probate Property

| 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 […]