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 […]
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Tags: beneficiaries, Buying and Selling Probate Property
Larry Tolchinsky | 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 […]
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Tags: beneficiaries, Buying and Selling Probate Property
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. […]
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Tags: beneficiaries, Florida Personal Representative
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 […]
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Tags: beneficiaries, funeral
Larry Tolchinsky | 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 […]
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Tags: beneficiaries, bond, Buying and Selling Probate Property
Larry Tolchinsky | December 3, 2015
Last Update: 8/9/20 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 […]
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Tags: beneficiaries, Buying and Selling Probate Property, Personal Representative's Duties
Larry Tolchinsky | 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 […]
Comments Off on Can Creditors Force The Sale Of The Decedent’s Home In A Florida Probate?
Tags: beneficiaries, Buying and Selling Probate Property, creditors, forced sale
Larry Tolchinsky | 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 […]
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Tags: beneficiaries
Larry Tolchinsky | 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 […]
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Tags: beneficiaries, Florida Probate Laws, Last Will and Testament
Larry Tolchinsky | 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 […]
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Tags: beneficiaries, Buying and Selling Probate Property