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 | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | July 11, 2012
Here in our local Broward County, Florida, probate court proceedings 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 […]