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 | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | December 24, 2015
When a husband or wife passes away in Florida, they have specific legal rights that are different from other loved ones who are grieving over the passing of the decedent. As the widow or widower, they are considered under Florida probate law to be the “surviving spouse” with special legal rights regarding property and the […]
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 […]
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 […]
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 […]
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 […]
Larry Tolchinsky | October 7, 2015
Here in Florida, the job of overseeing the distribution of someone’s property to their heirs after they have passed away is undertaken by a person appointed by the Probate Court to be the “Personal Representative” of the decedent’s estate (which many may recognize as the role of an “executor” or “administrator,” as they are referred […]
Larry Tolchinsky | October 21, 2010
The term “probate property” refers to property that someone inherits upon another’s death. As soon as the administration of an estate is commenced and a Personal Representative is appointed, probate real estate information becomes available at the county courthouse – even if the PR has manifested no interest in selling it. If you’re interested in […]