Normally a Florida Estate Planning Lawyer would advise against signing a deed conveying a home or other property without recording the deed. What happens if a Florida deed or Florida Enhanced Life Estate Deed is signed but unrecorded? Is the deed valid? What risks are associated with unrecorded deeds? Why…
Articles Posted in Probate
Death of Employee and Final Paycheck
A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send notice…
Class Action Suit Against Living Trust Sellers
A number of Texarkana residents have filed suit against sellers of living trust documents in a class action accusing the salesmen of exploiting senior citizens. This is similar to what I reported happening in California in December. A Plaintiff says he purchased a living trust after attending a lunch presentation…
Leaving IRA Money to a Minor
Fox Business has an article on A New and Smart Way to Leave Your IRA to a Minor where they discuss the importance of reviewing beneficiaries on all acounts including insurance, annuities, and retirement plans. They discuss leaving a percentage of the account rather than a dollar amount as this…
Who Will Inherit Your IRA?
Vanguard recently sent their clients a notice that they would no longer allow their clients to name different beneficiaries for multiple IRA accounts and would be changing the beneficiaries to whomever was named last. If you have a Florida Estate Plan that uses POD or beneficiary designations, this could significantly…
Ten Florida Estate Planning and Probate Tips – 2008
Florida residents should start the New Year off right, here are ten important Florida estate planning and Florida probate and tips for the New Year. 1. If you don’t have a Will, get one. Florida estate planning and Florida Probate tip #1: Have a Florida Will. If you don’t have…
Who Get What in a Florida Probate with No WIll?
The Florida Bar has released consumer information on Florida Probate. One of the most common questions deals with the distributions of a persons estate when is no will in a Florida probate case. Contrary to the belief of some, the decedent’s assets are not turned over to the State of…
What does a Personal Representative do in Florida?
The Florida Bar has released consumer information on Florida Probate. One of the most common questions deals with the personal representative and their role in a Florida probate case. The personal representative is the person, bank or trust company appointed by the court to be in charge of the administration…
How are Creditors Handled with Florida Probate
The Florida Bar has released consumer information on Florida Probate. One of the most common questions is how creditors are dealt with in a Florida probate case. Prior to commencement of probate proceedings, a creditor can file a caveat with the court. Upon publication of notice to creditors a creditor…
What is a Reasonable Fee for Florida Probate?
The Florida Bar has released consumer information on Florida Probate. One of the most common questions is how fees are determined in a Florida probate case. The personal representative, the attorney and other professionals whose services may be required in administering the estate (such as appraisers and accountants) are entitled…