Who are “Interested Persons” and Can They Be Disinherited or Blocked from Challenging a Will?

| May 18, 2016

In Florida, probate estates are created when someone passes away. At that time, and after a petition is filed, a “Personal Representative” is appointed by the Florida probate judge to oversee distribution of the property held by the estate to the heirs and beneficiaries after the creditors have been paid. Anyone who has a reasonable […]

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 […]

Florida Personal Representatives And Marshaling The Estate Assets

| February 17, 2016

In Florida there are well-established probate laws that place a high burden upon the person who undertakes the job of administering the estate of someone who has passed away. The estate administrator, or “personal representative” (which you may recognize as the “executor” or “executrix”) acts as a “fiduciary” to the decedent’s beneficiaries and creditors. Under […]

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 Is An Interim Accounting By The Personal Representative?

| January 27, 2016

When someone passes away in Florida, laws come immediately into play, creating an “estate” which then owns all that person’s property until it can be safely distributed to the heirs and beneficiaries. A Florida Probate Judge will approve an individual (or sometimes a bank or trust company) to act as “Personal Representative” of that estate. […]

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 […]

Who Makes the Funeral Decisions and What if There’s a Disagreement Over Them?

| January 1, 2016

When a loved one passes away, it is a very emotional time for family and friends. Grief and sadness are fresh. It’s a horrible time. If the death was unexpected, there is also the shock and angst that comes with an untimely passing. These are difficult days and weeks in anyone’s life – but it’s […]

Surviving Spouse’s Rights In A Florida Probate

| December 24, 2015

When a husband or wife passes away in Florida, they have specific legal rights that are different from other loved ones who are grieving over the passing of the decedent. As the widow or widower, they are considered under Florida probate law to be the “surviving spouse” with special legal rights regarding property and the […]

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 […]

How Does A Personal Representative Handle An Outstanding Check When Someone Dies?

| December 9, 2015

When someone passes away, particularly when it is a sudden or an unexpected death, it can be a shocking and chaotic time for their family and friends. Fortunately, Florida Probate Law affords protection for the decedent’s interests immediately upon their passing. Under the law, as soon as a personal representative is appointed by a probate […]