Yes, heirs have a right to see the will and to know everything about the assets and distributions. Yes, some personal effects can be distributed before the “will closes” or the probate is closed. Florida probate laws include many protections for the beneficiaries of a probate estate. If you are…
Articles Posted in Probate Litigation
Probate and Foreclosure Defense
as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent’s home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense. You may have a fiduciary duty to do so and…
Clearwater Probate Lawyer Information
St. Clearwater Probate court is located in Pinellas County. Clearwater 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.…
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…
Mandatory Arbitration Clause in Florida Trusts is valid per Florida Statute 731.401
Trust Arbitration Clauses are common in Florida. In many states, they are not always enforced but Florida passed a law a few years ago that makes them enforceable in Trusts. Florida Statute 731.041 Arbitration of disputes. (1) A provision in a will or trust requiring the arbitration of disputes, other…
How to get a copy of a Will in Florida
We often get calls from clients stating that they believe they are included in the will of a father, mother, or any decedent but have been unable to obtain a copy of the will to verify their thoughts. It is important to understand that just because you are included in…
What are reasonable fees for a Florida Personal Representative?
In Florida, A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned…
Free Florida Probate Forms – Will they work?
Are you searching for Free Florida Probate Forms? In most Florida Probate cases the personal representative or executor must hire an attorney. While this is not necessary in some other states, the Florida laws require it. A Florida Probate Lawyer will be familiar with the rules of the probate process…
Obtaining a Copy of a WIll in Florida Before a Probate is Filed
In Florida, the custodian of a will is required to file the will with the court having jurisdiction over the decedent within 10 day of learning that the testator is dead. As Florida Probate Lawyers we often have clients who are wanting to see a family members will but are…
Power of Attorney Dangers – License to Steal
A couple was recently charged with theft and elder abuse for taking money from their elderly parents, under authority of a power of attorney to pay for personal expenses. These included vacations, plane tickets, lodging and meals. Matthew D. Gardner an Iowa Estate Planning Lawyer wrote about this case and…