Can a Florida Quit Claim deed be recorded after death? Generally any deed can be recorded at any time even after the death of the grantor. However there can be problems created by the delay in filing. First, we often see that the deeds were never delivered and as such…
Articles Posted in Probate
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…
Probate with Living Trust – Is probate required?
Is a Florida Probate required if the decedent had a living trust? Most people do not transfer all of their assets into a Florida Revocable Trust prior to their death. If their home, or other personal property was not transferred into the trust prior to their death, a Florida Probate…
When is an Heir an Heir? Can forum Shopping Protect Your Heirs?
Matthew Gardner an Estate Planning Lawyer who writes the Iowa Estate Plan Blog has an article on a child conceived after death and how his state and Social Security treats this child as not being an heir of the decedent. The Iowa Probate Code and many states specify that in…
Who can be a Personal Representative?
In Florida who can be a personal representative, or executor, of an estate? 1. The personal representative could be an individual, bank, or trust company, subject to certain restrictions. 2. An individual who is either a resident of Florida, or is a spouse, sibling, parent, child, or certain other close…
What happens if there is no will?
In aFlorida Probate, where the decedent did not have a will, Florida’s intestate laws of succession define how property will be distributed between the person’s family members. If there was a surviving spouse and no lineal descendants the spouse will receive everything in the decedent’s estate. If there is no…
What Asset are subject to Florida probate
In Florida, Probate assets are those items in the decedent’s name at death which contain no provision for automatic succession of ownership at death like those that are jointly owned or have a payable on death designation. For example: 1. bank accounts that is not a joint account, one held…
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…
Probate Intake form
When deciding on a Florida Probate it is important to gather as much information as possible. We have developed a Florida Probate Intake Form. which helps individuals and their families involved in a Florida Probate gather and organize the information. Feel Free to download the Florida Probate Intake Form. Update:…
Probate & Summary Administration
A Summary Administration in Florida is an abbreviated Florida Probate proceeding where estates with assets of less than $75,000 or those where the decedent has been dead for more than 2 years can simplify the probate process. We often find that the families of people who die with a home…