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 […]

What Happens When You Can’t Find the Will?

| November 18, 2015

Probating Lost Wills in Florida No one likes to think about dying, and it’s not easy for many of us to sit down and deal with planning for death.  Still, most families have some sort of estate planning in place, even if it’s only a life insurance policy. Many people do plan ahead with a […]

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 […]

Challenging A Forged Last Will And Testament: Handwriting Experts Vs Eyewitnesses in Will Contests

| October 21, 2015

It should go without saying, but a Last Will and Testament has to be signed by the person making the will in order for the will to be effective — an unsigned will isn’t valid in Florida. In fact, Florida Statute 732.502 requires the following for a will to be valid here: Execution of wills.—Every […]

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 […]

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 […]

Will Contests: Challenging a Florida Will to Get It Thrown Out

| July 8, 2015

When someone passes away, any property titled in their name immediately becomes part of their “estate.” An estate is a legal entity created under the law to help protect both real estate and personal property (things like jewelry, furniture, guns, etc.) as it is transferred to those who stand to inherit it. If the person […]

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 […]

My Sibling And I Can Never Agree On Anything: How Can I Get My Family Member Removed As Personal Representative Of Mom’s or Dad’s Estate?

| May 20, 2015

When a mother or father does their estate planning and drafts their Last Will and Testament (along with Trusts, etc.), its understandable that when they think of the person they trust the most to deal with distributing their property after their passing, that mom or dad will consider their children first. After all, who better […]

Death and Taxes: Common Taxes in Estate Planning and Florida Probate

| April 14, 2015

Before tomorrow’s April 15th deadline, people will be making financial decisions, like depositing funds in an IRA (individual retirement account), in an effort to pay less federal income tax.  Some of these tax decisions can also be used as part of an estate planning tax strategy (other tax strategies that can have duel usage, include […]