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Articles Posted in Probate Litigation

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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…

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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.…

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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…

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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…

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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…

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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…

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