Larry Tolchinsky | February 28, 2018
When someone passes away owning assets in Florida, and those assets are solely owned by the decedent, then the decedent’s heirs, beneficiaries and creditors will have to deal with a Florida probate court in order to administrate those assets. Florida probate law controls the distribution of real and personal property owned within the state’s borders. […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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. […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]