Larry Tolchinsky | June 24, 2015
As we’ve already covered in our series on removal of Florida Personal Representatives, it doesn’t matter if the beneficiaries of a Florida probate estate don’t like the person who is appointed to oversee the estate’s administration. Under Florida law, the “personal representative”, the person or persons who are appointed by a probate Judge to fulfill […]
Larry Tolchinsky | June 10, 2015
As we recently discussed, under Florida law, there are a dozen reasons for removing a personal representative (See Florida Statute 733.504). Included among this statutory list of causes for removal, is removing the personal representative because they have been “adjudicated to be incapacitated.” What does adjudicated mean and how do you know if a personal […]
Larry Tolchinsky | June 3, 2015
In other states, the person(s) representing the probate estate is sometimes called an “executor” (“executrix,” for females) or “administrator” (“administratix”). However, here in Florida, the person who represents the estate of a decedent and has the job of overseeing the transfer and transition of their property to heirs and beneficiaries, as well as paying creditors and taxes, […]
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 | October 21, 2010
A deceased person’s estate is administered primarily by his court-appointed Personal Representative (PR). In Florida, the PR can be an individual, bank or trust company, subject to certain restrictions. An individual, for example, may only serve as PR if he is a Florida resident or, alternatively, if he is a spouse, sibling, parent, child or […]