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. […]

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 […]

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 […]

Can Personal Representatives of Florida Estates Be Held Liable For The Damages They Cause?

| May 27, 2015

Florida probate law protects both the personal property and real estate holdings of anyone who passes away in the State of Florida by immediately creating a legal “estate.” The estate acts as legal owner of all that property immediately upon the individual’s passing, and until another legal action (such as a probate judge’s ruling or […]

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 […]

Florida Personal Representatives Acting Badly; Suing the Past P.R. (and Her Lawyer) for Malpractice

| July 8, 2014

When a loved one dies in Florida, the law immediately creates an “estate” to hold that person’s real estate and personal property until the assets can be legally determined, which are then transferred to the person who inherits it. An executor (in Florida, the person appointed by the Probate Court is known as personal representative […]

Breach of Fiduciary Duty Claims by Florida Heirs and Beneficiaries: What Happens When the Estate’s Representative Goes Rogue and Does Bad Things?

| December 5, 2013

What happens to property, real and personal, in Florida after someone dies in the State of Florida is well-settled: Florida statutes and Florida case law work together to insure that there is a smooth transition in ownership of everything from raw minerals and undeveloped land to jewelry, works of art, and personal belongings like clothing […]

Exploiting Elders in Florida: How Family Members Financial Abuse of Seniors is a “Public Health Epidemic”

| August 21, 2012

This month, lots of people that don’t deal with senior citizen issues or the realities of end of life planning and elder law got a big, huge slap in the face as Dr. Mark Lachs called elder financial abuse by family members a “national epidemic.” That’s right – right up there with heart disease and […]

Florida Millionaire Goes Missing – How End of Life Planning Works To Keep Traumatized Family Safe and Secure

| July 11, 2012

Here in our local Broward County, Florida, probate court  things got very crowded as the understandably upset mother and the very beautiful and upset wife of a missing millionaire came before local Probate Judge Mark A. Speiser to duke it out over what to do about the money, the property, the creditors, and all those […]