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…
Florida Estate Planning Lawyer Blog
When Is It Time to “Service” Your Estate Plan?
If you own a car, then you know it requires regular servicing in order to perform well and be reliable. More than likely, your car came with a recommended schedule for service, based on how many miles it has been driven. After a certain number of miles, you need to…
Recording Florida Deeds after death
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…
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…
Forbes and Esatate Planning
Forbes.com has an article on 10 issues dealing with Estate planning and items you should check within your own plan.. Forbes even includes a calculator that will tell you where your assets will go if you die without a will.
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…
When Do It Yourself Asset Protection Goes Wrong
Attorney Kevin W Davidson of the Green Bay Wills, Trusts & Estate Planning Blog wrote an article on the pitfalls of Do it yourself asset protection where he talks about some of the problems with trying to protect your own assets. Over the last 6 months the number of inquiries…
IRA and Amnesty Program about to Expire
A few months ago the IRS announced a voluntary disclosure program for undeclared foreign accounts. This six months program closes on September 23, 2009. For qualifying taxpayers who come forward and report their undisclosed foreign bank accounts and pay back taxes for six years plus interest and some penalty, the…
Is a lawyer required for a Florida Enhanced Life Estate Deed?
While in Florida a lawyer is not required to create a valid deed like a ladybird deed or Florida Enhanced Life Estate Deed it may be a good idea to have a lawyer or attorney review these specific document because of their propensity for errors and the bad or unexpected…