What About the Car? 8 Things to Know About A Florida Personal Representative And The Decedent’s Automobile

| January 20, 2016

When someone passes away in Florida, laws immediately come into play to protect the decedent’s property. An “estate” is formed under Florida law as the official owner of the decedent’s real estate and personal property until those assets are sold or distributed to the heirs. The person that takes care of overseeing the sale or […]

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 […]

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 […]

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 […]

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 […]

What Are The Two Main Types of Notices Given To Parties in a Florida Probate Administration?

| January 13, 2015

Florida law defines the types of notices that are to be given in the administration of a Last Will and Testament in a Florida probate court proceeding. What notice a party receives, and what notices must be sent, are governed by Florida probate statutes, procedures and probate rules. What Information is Provided in Florida Probate […]