Category Archives: Estate And Probate Administration
What Happens to My Florida Estate If I Have No Estate Plan or Living Relatives?
If you fail to create an estate plan during your lifetime, there is a chance that your property will be turned over to the State of Florida upon your death. The legal term for this is “escheat.” Under Section 732.107 of the Florida Statutes, “When a person dies leaving an estate without being survived… Read More »
How the Medicare Secondary Payer Rule Can Impact Your Florida Estate
One potentially critical task for your probate estate is managing any litigation arising from your death. Unfortunately, many Floridians die each year due to acts of negligence or medical malpractice. The task of seeking damages against the responsible parties often falls to the estate, which is why it is so important to name someone… Read More »
What Are the Surviving Spouse’s Rights in the Family Home?
Normally a Florida resident is free to dispose of his or her property through a will as they see fit. But there are special rules that apply to a person’s primary residence or “homestead.” The Florida Constitution actually restricts the “devise”–or transfer by will–of a homestead if the owner has a surviving spouse or… Read More »
What Happens When One Florida Estate Sues Another Florida Estate?
One of the key objectives of Florida probate administration is disposing of potential claims by and against the estate. In the latter case, the personal representative or administrator has a legal duty to pay all valid debts incurred by the deceased. At the same time, the estate must also take legal steps in order… Read More »
Can a Stepchild Inherit From a Florida Estate?
Dying without a Florida will means your probate estate will pass under the state’s intestacy laws. Many people do not see the problem with this. Say you are unmarried and are survived by two children. Under Florida intestacy law, your children would automatically inherit your entire estate in the absence of a will. Sounds… Read More »
Have You Reviewed Your Life Insurance Beneficiary Designations Lately?
An important aspect of Florida estate planning is reviewing–and when necessary, revising–any beneficiary designations on assets such as life insurance or retirement accounts. Keep in mind, when an asset is deemed payable to a named beneficiary, it does not pass as part of your Florida probate estate. So even if you execute a new… Read More »
When Can Someone Be Declared Legally Dead in Florida?
The administration of a Florida probate estate can only begin once the person in question is deceased. That seems like common sense. But how does Florida law address cases where an individual is missing and presumed dead but there is no body or other concrete proof of death? Under Section 731.103 of the Florida… Read More »
Frequently Asked Questions About Summary Administration in Florida
Florida probate is the process by which property is transferred from a deceased individual (the decedent) to his or her beneficiaries. A formal probate administration can take several months–even years–depending on the complexity of the decedent’s estate. However, in some cases Florida law provides for a simplified probate process known as summary administration. Here… Read More »
How Do I Make a Florida Estate Planning Gift to a Child?
A common question we get is, “How do you leave money or property to a minor?” For example, say you want to leave your currently 12-year-old niece a $5,000 gift in your will. If you die before she reaches adulthood, how would that money be handled? One option provided by Florida law is a… Read More »
What Happens to Civil Lawsuits I Filed After I Die?
Even if you do not own much in the way of property, you still need to have a valid Florida will if for no other reason than to ensure there is a personal representative to take charge of your affairs as soon as possible after your death. While Florida law does provide for the… Read More »
