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…
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…
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…
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…
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:…
The Wall Street Journal has an article on Deciding if Your Kid is Trust-Worthy where they discuss using trust like a Florida Estate Planning Lawyer would use to protect your families assets. Part of the article is devoted to helping you determine if your child or your children are the…
Most people who receive payments for Social Security, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or a Railroad Retirement or Veterans Administration disability pension, will receive $250 as part of the American Recovery and Reinvestment Act of 2009. The extra payment is scheduled to arrive by the end…
When you own Florida property as Tenants in Common, each owner has a right to enter and use the entire property. Often one owner wants to sell their interest while another may not. This can lead to an action for partition where a court will order the property to be…
Recently we ran across a situation where an individual in Puerto Rico died with a Florida Will . PR has some unique laws dealing with property and who will receive it under Puerto Rico’s laws that can make a Florida Will or will created in another state invalid or ineffective…
One of the most common questions people ask about Florida Lady Bird Deeds (Florida Enhanced Life Estate Deeds) is whether upon the death of the grantor, the contingent beneficiaries receive a stepped up basis like they would receive if the property was to transfer under a will. Under Section 2036…