September 2009 Archives

September 29, 2009

Do I need a Will in Florida?

Jacksonville will lawyer.jpgA Florida Will provides instructions on how to distribute your assets upon your death. Many people believe that if they do not have a Florida Will their assets will be taken by the state. This is not true. Florida has a default will for all individuals built into the the Florida Statutes. If you die without a will, your assets will be distributed to your spouse and children, and then your parents, siblings, nieces and nephews as proscribed by Florida Law. For more information on this request our Florida Probate Handbook for free. If you want to be able to specify who will receive your assets and not depend on the state's view, you must have a Florida Will.

There are some issues that are not discussed in the statutes. Who will take care of my children? What will happen with my body? Only a Florida Will will prevent the State of Florida from making these decisions. If you have minor children you should have a will to determine who will be the guardian of the children in the event of your death.

There are many times when its a good idea to update your will which include if you purchase or sell real property, if your marital status changes, if your financial condition changes significantly, and if you have children or grandchildren you would like to recognize in the event of your death.

Today we find that online and software services have scared many people about the price of using a lawyer to prepare a Florida Will. They state that you could spend thousands of dollars to prepare a will with an attorney and that theirs is just as good. While its possible that you could prepare a Florida Will that does exactly what you want, the problem is that you only die once, so you do not know what the effects of your desires will be. By talking with a lawyer who have prepared many wills and dealt with the effects of them you get the benefit of experience that you will never obtain. Most wills that are prepared by an attorney are very reasonable when you consider the potential for problems that can arise when you write your own will. For illustrative purposes, we typically charge $200 to prepare a will and discuss your options and the potential risks for the choices you will make.

If you would like to discuss preparing a Florida Will you should contact a Florida Estate Planning Lawyer or a Jacksonville Estate Planning Lawyer

September 29, 2009

Tallahassee Probate Court Information

Tallahassee Probate court is located in Leon County. Tallahassee does not have any unusual probate fees.

The Leon County Courthouse is located at:
     301 S. Monroe St.
     Tallahassee, FL 32301.
     Tel: (850) 577-4100.

The Tallahassee Democrat is the official newspaper used for publications and notice to creditors.
    Telephone: (850) 599-2100
    Website: http://www.tallahassee.com/
    Probate Publication Cost: No Set Fee


If you need help filing a Tallahassee Probate or are a creditor or beneficiary of a Tallahassee probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

September 15, 2009

Special Needs Trust Lawyers for Disabled Children in Florida

Florida Special Needs Trust Lawyers & Florida Supplemental Needs Trust Attorneys.

Supplemental Needs Trust Lawyer inage.jpgFlorida Families who have disabled children had a greater need for a Florida Estate Planning Lawyer to prepare for the possibility that they do not outlive their children. When people have disabilities or special needs, its important to parents to provide for their welfare while you are alive. There are also significant advantages to creating a Florida Special Needs Trust or a Testamentary Special Needs Trust.

When assets are left to an individual with special needs in a normal trust or outright, it could disqualify the individual from government benefits as well as require that any remaining assets be paid to the government for reimbursement of services provided during the individual's life.

By using a SNT or Florida Special Needs Trust one can usually choose a remainder beneficiary, that is who will receive any funds that are not used by the individual with the disability during their life.

In addition, without a Florida will with a valid guardian clause, the state will determine if your child ends up in foster care or who will be the guardian over your child.

Contact aFlorida Trust Lawyer to discuss how a Florida Trust Lawyer can help you and your family.

September 9, 2009

Gainesville Probate Court Information

Gainesville Probate court is located in Alachua County. Gainesville does not have any unusual probate fees.

The Alachua County Courthouse is located at:
     201 E University Avenue
     Gainesville, FL 32602
     Tel: (352) 374-3636.

The Gainesville Suns is the official newspaper used for publications and notice to creditors.
    Telephone: (352) 374-5017
    Website: http://www.gainesville.com/
    Probate Publication Cost: $330-360


If you need help filing a Gainesville Probate or are a creditor or beneficiary of a Gainesville probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

September 9, 2009

Fort Lauderdale Probate Court Information

Fort Lauderdale
Fort Lauderdale Probate court is located in Broward County. Fort Lauderdale does not have any unusual probate fees.

The Broward County Courthouse is located at:
     201 S.E 6th Street
     Fort Lauderdale, FL 33301
     Tel: (954) 831-7154.

The Sun Sentinel is the official newspaper used for publications and notice to creditors.
    Telephone: 1-800-250-2000
    Website: http://www.sun-sentinel.com /
    Probate Publication Cost: $2.25 per line per day

The Daily Business Record can be used for publications and notice to creditors.
    Telephone: 305-377-3721
    Website: http://www.dailybusinessreview.com/
    Probate Publication Cost: $172


If you need help filing a Fort Lauderdale Probate or are a creditor or beneficiary of a Fort Lauderdale probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

September 9, 2009

Orlando Probate Court Information

Orlando Probate court is located in Orange County. Orlando does not have any unusual probate fees.

The Orange County Courthouse is located at:
     425 N. Orange Avenue
     Orlando, FL 32801
     Tel: (407) 836-5115.

The Orange County Register is the official newspaper used for publications and notice to creditors.
    Telephone: (714) 796-4366
    Website: http://www.ocregister.com/
    Probate Publication Cost: $295.25


If you need help filing an Orlando Probate or are a creditor or beneficiary of an Orlando probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

September 9, 2009

St. Petersburg Probate Court Information

St. Petersburg Probate court is located in Pinellas County. St. Petersburg does not have any unusual probate fees.

The Pinellas County Courthouse is located at:
     315 Court Street
     Clearwater, Fl 33756
     Tel: (727) 464-3267.

The Pinellas News is the official newspaper used for publications and notice to creditors.
    Telephone: (727) 894-2441
    Website: http://www.pinellas-news.com/
    Probate Publication Cost: $225


If you need help filing a St. Petersburg Probate or are a creditor or beneficiary of a St. Petersburg probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

Information last updated 9-9-09

September 9, 2009

Tampa Probate Court Information

Tampa Probate court is located in Hillsborough County. Tampa does not have any unusual probate fees.

The Hillsborough County Courthouse is located at:
     490 1s t Avenue South
     St. Petersburg, FL 3370
     Tel: (813) 276-1800 Ext. 4771

The St. Petersburg Times is the official newspaper used for publications and notice to creditors.
    Telephone: (727) 893-8358
    Website: http://www.tampabay.com/
    Probate Publication Cost: No Set Fee


If you need help filing a Tampa Probate or are a creditor or beneficiary of a Tampa probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

Information last updated 9-9-09

September 9, 2009

Miami Probate Court Informaiton

Miami Probate court is located in Miami-Dade County. Miami does not have any unusual probate fees.

The Miami-Dade County Courthouse is located at:
     73 West Flagler Street, Suite 137
     Miami, FL 33130
     Tel: (305) 275-1155.

The Miami Herald is the official newspaper used for publications and notice to creditors.
    Telephone: 305-275-1155
    Website: http://www.miamiherald.com/
    Probate Publication Cost: No Set Fee

The Daily Business Record can be used for publications and notice to creditors.
    Telephone: 305-377-3721
    Website: http://www.dailybusinessreview.com/
    Probate Publication Cost: $56


If you need help filing a Miami Probate or are a creditor or beneficiary of a Miami probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

Information last updated 9-9-09

September 8, 2009

Jacksonville Probate Court Information

Jacksonville Probate court is located in Duval County. All Jacksonville Probate cases are handled by Judge Dearing. Jacksonville does not have any unusual probate fees.

The Duval County Courthouse is located at:
     330 E. Bay St.
     Jacksonville, FL 32202
     Tel: (904) 630-2053.

Note the Court is expected to move within 30 days of July 4, 2012

The Daily Record is the official newspaper used for publications and notice to creditors.
    Telephone: 888-516-9220
    Website: http://www.dailyrecord.com
    Probate Publication Cost: $117


If you need help filing a Jacksonville Probate or are a creditor or beneficiary of a Jacksonville probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

Information last updated 9-8-09

September 3, 2009

What if I do not agree with the Inventory in a Probate Case?

This was included in version 7 of the Florida Probate Handbook as such I wanted to publish it on my blog for those of you who did not receive it.

An accounting is required to provide notice of the time to object. The notice shall state that objections to the accounting or inventory must be filed within 30 days from the date of service of the notice. Any interested person may file an objection to any accounting within 30 days from the date of service. If an objection if filed later than 30 days it is deemed to be abandoned. The objection shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds upon which the objection is based. All objections must be served on the fiduciary who filed the accounting as well as all other interested persons.

Follow this link to request your free copy of the Florida Probate Handbook

September 2, 2009

When do I have to File an Inventory in Probate?

This was included in version 7 of the Florida Probate Handbook as such I wanted to publish it on my blog for those of you who did not receive it.
The Personal representative shall file an inventory within 60 days after the issuance of letters of administration. The inventory must contain notice of the beneficiaries' rights, list the assets with reasonable detail and its estimated fair market value at the date of the decedent's death. Homestead property is also listed and designated as a protected homestead. The court can extend the date the inventory is due with cause and no notice is necessary. If there is an extension, the PR must serve copies of the petition and order on Department of Revenue, the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. The personal representative shall file proof of such service.

Follow this link to request your free copy of the Florida Probate Handbook