Larry Tolchinsky | August 21, 2012
This month, lots of people that don’t deal with senior citizen issues or the realities of end of life planning and elder law got a big, huge slap in the face as Dr. Mark Lachs called elder financial abuse by family members a “national epidemic.” That’s right – right up there with heart disease and [...]
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 | September 3, 2009
In general, there are 4 main duties as a Florida personal representative. These duties are: Duty of loyalty; Duty to act prudently; Duty to maintain accurate records and account to beneficiaries; and Duty not to delegate responsibility. Duty of Loyalty: The duty of loyalty is perhaps the most important of the duties you owe as [...]