Category Archives: Estate And Probate Administration
Can You Turn Down an Inheritance?
For many people, an inheritance is a mixed blessing. Obviously, nobody wants to lose a family member, but it is still gratifying to learn you are entitled to receive part of their estate. On the other hand, you may simply not want the inheritance. Perhaps you were not particularly close to the deceased family… Read More »
Can a Deceased Medicaid Recipient’s Estate Challenge the Amount of an AHCA Lien?
There is an issue that often comes up in Florida probate administration that has to do with Medicaid. As you probably know, many Florida residents require Medicaid to pay for their medical and long-term care. What you may not know is that once a Medicaid recipient dies, AHCA is legally required to try and… Read More »
How a Personal Representative’s Bond Protects a Florida Probate Estate
When opening a new Florida probate estate, the court may require the personal representative to obtain a bond. The purpose of this bond is to guarantee the personal representative actually performs his or her duties in good faith. In the event the personal representative’s misconduct or negligence results in a loss to the estate,… Read More »
What Does It Mean to “Marshal” an Estate’s Assets?
One of the key tasks of estate and probate administration is “marshaling” assets. This basically means that when a new estate is opened, the personal representative is legally required to locate and take charge of any probate asset belonging to the deceased individual. If the personal representative neglects this responsibility and fails to locate… Read More »
How an Irrevocable Trust Can Lead to Litigation
Although many Florida estate planning trusts are revocable by the settlor–i.e., the person making the trust–there are also situations where an irrevocable trust may be used instead. As the name implies, an irrevocable trust cannot simply be amended or ended by the settlor at-will. And in fact, if there are problems with the administration… Read More »
How Is a Florida Estate Distributed If There Is No Will?
There is no good reason not to have a will or trust. A good estate plan ensures your property is distributed according to your wishes after you pass away. But if for some reason you do not leave a will (or place your property into a trust), Florida law determines what happens to your… Read More »
Can I Use a “No-Contest” Clause in My Florida Will or Trust?
One of the biggest reasons people make an estate plan is to minimize the potential for litigation among family members. You have no doubt seen stories in the news about heirs fighting for years in court over a loved one’s estate. In some of these cases they are not even fighting over a particularly… Read More »
Which Family Member Has Priority to Serve as Executor of My Estate?
Estate litigation is often the consequence of a person dying suddenly and without leaving a will. Different heirs and family members may assert competing legal rights in the deceased person’s estate. Florida’s intestacy laws are designed to sort out such claims, which can still require the parties to expend a good deal of time… Read More »
Does My Estate Have to File Tax Returns After I Die?
An often overlooked component of estate and probate administration is addressing any outstanding tax liabilities of the deceased person. This can be more complicated than you might think. With respect to federal income taxes, your personal representative may need to file two separate returns: one for you as a deceased individual, and one for… Read More »
Who Is Considered an “Interested Person” in My Estate?
A common issue in Florida estate and probate administration is determining who qualifies as an “interested person.” This is a legal term used to describe someone who may be affected by the outcome of an estate administration. An interested person has certain legal rights within the probate process, so it is important to understand… Read More »
