How Does Property Pass to Heirs Under The Florida Probate Code?

| September 21, 2016

Florida law is very protective of property ownership rights in our State. Under the law, there is never a moment when any piece of property is not owned by someone or something. Maybe it’s a person, or an estate, or a trust or some other legal entity (Corporation, LLC, etc.). The kind of owner may […]

What is a Summary Administration Under Florida Probate Law?

| August 17, 2016

Sometimes, probating someone’s estate can be complicated. It can take a long time and lots of money because of all of the rules and procedures that must be followed. Beneficiaries and creditors are usually eager to try and limit these issues — especially if no one is contesting anything and the plan of distribution is […]

Can Florida Probate Law Bar an Heir’s Inheritance?

| July 20, 2016

If you are named as a beneficiary of a Florida Estate, then you are going to inherit the decedent’s property, right?  The asset may be a big thing, like an oceanfront condo, or it might be small, like a cocktail ring or antique clock, but no matter what you are going to be receiving something […]

Twists in Intestate Succession Under Florida Law

| June 22, 2016

If a resident of Florida dies in our State without leaving a valid Last Will and Testament, then Florida’s probate law will decide how the decedent’s property is to be distributed to heirs. Florida’s intestacy statute controls in this scenario, which is something we have discussed in earlier posts (like this article about dying without […]

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 […]

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 […]

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. […]

Choosing The Correct Probate Court: Venue For Probate Proceedings

| January 6, 2016

In Florida, things can — and often do — get interesting in probate matters. Unlike other states where matters can be more routine, Florida is known to deliver on the drama.  That is because we have tourists, snowbirds, retirees, long-term vacationers, as well as non-citizens, spouses married to non-citizens, a disproportionate amount of fraudsters and […]

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 […]