Subscribe!Florida Probate Forms - Where can I find them?
Posted on April 27, 2008
Filed Under Florida Probate Process | 1 Comment
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You probably can’t find them.
Even if you can, you are taking a huge risk.
Why? In all but very small situtations, a personal representative (executor) must be represented by an ATTORNEY. (Not a Paralegal)
I haven’t researched it recently, but the probable reason is that the probate system is vulnerable to fraud by claimants, heirs, personal representatives and petitioners. I suppose the legislature decided the potential fraud outweighs the inconvenience of requiring attorney representation.
Even if you do find forms, it isn’t simply a matter of filling them out, checking boxes and signing paperwork. They have to be prepared in a certain manner, with proper clause inclusions and omissions contingent upon supporting documentation.
Is the Will self-proved? Was a domiciliary proceeding filed in any other state? A host of other questions can change the way those “forms” should be prepared and the kind of supporting documentation that must be submitted.
Yes, the clerk may accept them, but in 100% of the cases I’ve taken where the client tried to submit forms to the probate clerk, something went wrong.
“Wills in a Box” (or online) and the Problems they Pose in Florida probate
Posted on March 31, 2008
Filed Under Wills | 3 Comments
I have been working on a probate for a small parcel of land. The decedent evidently found a form for a simple Will (and I do mean simple) and filled in the blanks. This will would be typically found in your local office supply store or perhaps a book store with built in corporate coffee shop.
The main problems with this Will were that it was improperly witnessed/notarized and one of the heirs had predeceased the decedent. That heir had children that according to this will were essentially written out and disinherited (which appears to be unintentional).
This further supports my gripe with a “Will-in-a-box”. There is no guidance. There is no discussion of how the Will shall be “played out” in probate administration. These document companies have sold the document, perhaps written a thick orange book or secured a high profile attorney to endorse the product, but has no intention of helping you or your heirs if things go wrong.
Typical questions:
If the company says that the Will is “state specific”, shouldn’t it be effective?
Perhaps. The number one problem with these forms is that the testator (person executing the Will) typically doesn’t understand the formalities of execution. There are witness requirements and notarized affidavits that should be included to facilitate (and I do mean facilitate) administration in Florida probate.
Buying or Selling Probate Property in Florida?
Posted on December 21, 2007
Filed Under Real Estate | 1 Comment
Here’s just a bit of a primer for sellers and buyers of probate property (real estate) in Florida. It’s only the nuts and bolts - bottom line - INQUIRE EARLY TO SEE PROBATE IS NECESSARY!
For Sellers:
If you just inherited property in Florida and you’re looking to sell it, make sure your ducks are all in a row. You can’t sell the property you don’t legally own!
We frequently get calls from real estate agents wanting to know how long probate in Florida will take. The answer is invariably, “it depends.” Don’t assume your realtor knows anything about probate. Realtors know plenty about real estate, but many of them don’t understand probate. Technically, a real estate listing agreement probably isn’t even binding until you have actually inherited the property through probate administration.
If the property will go through a formal real estate closing and title insurance will be issued, probate is undoubtedly going to be required by the title company! This can be a deal breaker for a potential buyer if it is not addressed early!
On the other hand, if you plan on signing over a quit claim deed, the buyer will eventually discover the probate problems - a headache you do not want to deal with long after you’ve “closed” the deal.
For Buyers:
If you suspect that the seller is liquidating an estate, ALWAYS inquire if the property is in probate administration or if it has been through probate! Read more