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. […]

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 […]

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 […]

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 […]

Can Creditors Force The Sale Of The Decedent’s Home In A Florida Probate?

| November 25, 2015

When a parent passes away, it’s a major life event for the children of the deceased person, no matter their age. The grief they experience can be overwhelming.  So much so that it can take time for a child’s life to return to normal. Unfortunately, the parent’s creditors can be impatient. As the children are […]

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 […]

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 […]