Recent Blog Posts
Should I Form a Limited Liability Company as Part of My Florida Estate Plan?
When you die, any real property you own is subject to probate in the state of its location. This can make estate administration more complex, especially if you own residences or buildings in more than one state. For example, let’s say you spend most of the year living in your home in New Jersey… Read More »
What Is the Time Limit for a Creditor Claim Against a Florida Estate?
One of the main functions of estate and probate administration in Florida is to provide an orderly process for paying off a deceased person’s debts. The personal representative of an estate is required to notify any creditors they are aware that an estate has been opened. The estate must also publish a public notice… Read More »
Legal Battle Over Miami Artist’s Paintings Continue Nine Years After His Death
When a Florida court establishes a guardianship for a living ward’s property, the guardian continues to act in that role even after the ward’s death. The guardian must first apply for a formal discharge from the guardianship court before any remaining property can be transferred to the ward’s probate estate. The guardian is also… Read More »
Understanding the Scope of a Florida Power of Attorney
A power of attorney can be broad or limited in its scope. In other words, you may use a power of attorney to authorize someone to act as your agent only for certain specified matters. Conversely, you can sign a more general power of attorney that allows your agent to make pretty much any… Read More »
Can You Challenge the Administration of a Florida Trust Even If You Are Not a Beneficiary?
When property is placed into a trust, the trustee is responsible for administering that property as directed by the original trust document. If the trustee does not live up to their responsibilities, the beneficiaries of the trust may file a civil lawsuit against the trustee. But what about individuals who might stand to benefit… Read More »
Why Does a Florida Estate Need Its Own Bank Account?
Something that often confuses people about Florida probate administration is the need to open a separate bank account for a deceased individual’s estate. For example, let’s say your grandmother recently passed away and you were named personal representative for her estate. She had several outstanding bills at the time of her death that still… Read More »
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 »
