Monthly Archives: September 2019
Where Is My Estate Located If I Own Residences in Different States?
The process of administering a probate estate is closely tied to location. In Florida, a probate estate is normally opened in the county where the deceased individual resided. But what about someone who owns homes in multiple states–or even multiple countries? How does the executor know where to open the estate? Domicile vs. Residence… Read More »
What Is an “Elective Share” and What Happens If My Spouse Waives It?
Something all married couples need to think about when making their estate plan is Florida’s “elective share” rule. This refers to a state law that authorizes the surviving spouse to claim a 30-percent share of a deceased spouse’s elective estate–i.e., any property that would normally be disposed of by will or trust. It is… Read More »
Can I Be Held Personally Responsible for a Deceased Family Member’s Debts?
Many of us are at our most vulnerable in the days following a family member’s death. Unfortunately, some debt collectors try to prey upon this grief by contacting these same family members in an attempt to obtain the money they are owed. In some cases, these collectors may try and convince family members that… Read More »
Can a Florida Probate Estate Be Reopened?
Estate and probate administration is usually a straightforward process. The executor of the estate gathers a deceased individual’s assets, pays any final debts and administrative expenses, and distribute any remaining property to the decedent’s heirs or beneficiaries. At this point the estate is then closed with the probate court. Reopening an Estate to Interpret… Read More »
Court Approves Transfer of Former Attorney General Reno’s Historic Miami Home to College
Estate planning is often used as a vehicle to make charitable gifts. For example, perhaps you wish to leave your favorite charity a certain amount of cash in your will. In most cases, the charity will welcome such gifts. But what happens when a charity rejects a gift? This often comes up when a… Read More »
Understanding The Role of Trustee in Selling a House
Living trusts often confuse people unfamiliar with estate planning. Basically, you create a trust and then transfer title to certain property from yourself to the trustee. The confusing part is that you can also serve as the trustee, at least while you are still alive. And as trustee, you can still use or sell… Read More »
Orlando Judge Removes Professional Guardian After Causing Death of Ward
When an adult Florida resident is unable to properly care for themselves, and there is no family member available to act as their legal guardian, a judge may instead appoint a professional guardian. The Florida Department of Elderly Affairs establishes and enforces regulations for professional guardians. Of course, the mere fact that such regulations… Read More »
What Does a Personal Representative Do?
You have no doubt heard the term “personal representative” used in connection with a person’s probate estate. But what does this person actually do? And can anyone do it? Or do you need any sort of special license or training? Here are some basic answers to these questions: The Job of the Personal Representative… Read More »
