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 […]

Challenging a Will: Consider the Deceased’s Wishes Before You File a Will Contest

| November 12, 2015

Whe a will is brought before a Florida probate judge for admission to probate and the appointment of a Personal Representative, things seem straightforward. You would think things go smoothly from there; just follow the instructions – they are written out for you – settle the estate’s claim and distribute to the beneficiaries. Wills are […]

Personal Representative’s Discretion to Sell Estate Assets Before Distribution

| November 4, 2015

In Florida, laws exist creating temporary ownership of a decedent’s property in an estate.  An estate is legally a separate entity, and is administered by a Court-appointed personal representative. At the exact moment of death, legal ownership instantly moves from the person who has passed away to their “estate.” Everything titled in the decedent’s name goes into the […]

What Happens If There’s Not Enough Money To Pay Creditors of A Florida Estate?

| October 28, 2015

Florida Personal Representatives Have A Fiduciary Duty to Creditors of the Estate When someone dies in the state of Florida, the law allows for the creation of an “estate” to act as the owner of the decedent’s  property, real and personal, as well as the decedent’s debts (bills, taxes, etc.).  If a formal probate administration […]

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 […]

What Is The Deadline for A Creditor to File a Claim Against An Estate?

| September 23, 2015

In Florida, when a person passes away the law leaving property or other assets,  an estate is commonly opened to distribute the assets according to the decedent’s wishes or by the laws of intestacy. However, before any distribution of estate assets can be done there will be debts to be paid. Who gets paid, and how […]

21 Duties of a Florida Personal Representative According to Florida Law

| September 16, 2015

In Florida, when a person passes away owning property within the state, that person leaves behind a “probate estate.” Florida law requires that someone be appointed the estate’s “personal representative” (in other states sometimes referred to as an executor, executrix, administrator or administratrix). The personal representative can be an individual, such as a family member […]

Removal of a Florida Personal Representative: Party Named in the Will vs The Party Appointed by The Court

| July 1, 2015

In the state of Florida, your last wishes as documented in your Last Will and Testament are given great respect and honor under Florida law. Both in Florida statutes passed by the Florida Legislature as well as Florida case law coming from court opinions, the decedent’s decisions and declarations are respected whenever possible. This is […]

Removing a Florida Personal Representative for Making Bad Decisions & Costing the Estate Money

| June 24, 2015

As we’ve already covered in our series on removal of Florida Personal Representatives, it doesn’t matter if the beneficiaries of a Florida probate estate don’t like the person who is appointed to oversee the estate’s administration. Under Florida law, the “personal representative”, the person or persons who are appointed by a probate Judge to fulfill […]

Removal of Florida Personal Representative for Conflict of Interest with Estate

| June 17, 2015

A personal representative in Florida is the person who represents the estate of a deceased person and who is tasked with overseeing the transfer of the decedent’s property to beneficiaries.  The personal representative is also responsible for seeking out and notifying potential creditors of the estate that probate proceedings have commenced. Personal representatives are sometimes nominated […]