2020 REVIEW: How to Choose between Formal Administration or Summary Administration in Florida
Over the last 16 years or so, I have been advising clients on their Florida Probate options after a loved one has died. I’ve got a handful of posts here, here and here but I realize the roadmap needs some reinforcement and perhaps some reorganization. In a nutshell: Formal Administration = Traditional Probate A Personal […]
Video: Does a Last Will & Testament Avoid Probate??
A brief discussion on how a Last Will and Testament affects the need for Probate in Florida. Learn more about whether or not having a Will in your estate plan determines your need for probate.
Should You Publish a Notice to Creditors Even When Probate is Not Necessary?
Question of the Day: My folks have a marital trust and my dad died last week. I do not have to file probate. Do I still need to publish a notice to creditors if everything was organized and was in the trust name ? Answer: Good afternoon: The only purpose for publishing would be to […]
Keep Your Timeshare Out of a Probate Nightmare
Florida has always been a hotbed vacation destination and has an enormous foothold on the timeshare industry. Some of the most popular timeshare destinations in the world are located right here in our backyard. Disney Vacation Club (DVC) tends to be one of the most valuable timeshare holdings in the State however there are many […]
How to Avoid Losing an Inheritance to a Florida Medicaid Claim
Probate in Florida requires that any probate administration for a decedent who was 55 years or older must include specific notice to the Agency for Health Care Administration (AHCA) whether or not the heirs are aware of a potential Medicaid claim. Medicaid claims are considered to be “Class 3” claims which essentially means, they have […]
Do all estates have to go through probate in Florida?
No. Estate assets only require administration if they are “stuck” or “terminate” in the name of the decedent. For example, John owned a bank account titled in his name alone. He did not designate a payable-on-death (POD) beneficiary on the account. When he died, this account terminated in John’s name. It would likely need to […]
QOTD: Is Probate in Florida Necessary for Vacant Land?
If I receive the same question more than 3 times in a week, it is deserving of its own blog post. A fellow called my office explaining that his father was a resident of New Jersey. On a trip to Florida back in the late 70’s, dad unintentionally ended up purchasing a piece of vacant […]
Florida Probate Questions for the Month of July 2017
Quick links: My husband of 3 years has passed he bought a trailer home before we ever met there is no will who gets the trailer? How long can I wait before filing probate? [clear] Question: My husband of 3 years has passed he bought a trailer home before we ever met there is no […]
Real Estate Agents: A Primer on Florida Probate Property
Download a PDF optimized copy of this article here. Off the top of my head, real estate assets make up about 75% of the estates we handle. With over 600 probate cases under our belt, that’s roughly 450 real estate transfers throughout the State of Florida. Many of these properties are either sold during probate […]
ALERT: Confirm Designated Beneficiary on Your Bank Account!
In the past year, we’ve had at least 5 calls requesting our Florida probate representation for just a regular checking account. If the deceased owner of the account had simply confirmed the designated beneficiary, probate could have been avoided. Here’s the rub: The original owners of those accounts had designated beneficiaries on those accounts but […]
