Florida Homestead Exemption in Probate: Protecting Family Homes
Understanding Florida’s Powerful Homestead Protection The homestead protection laws in Florida represent the most remarkable such provisions present in the nation. The distinct rules establish formidable security gaps for families undergoing probate so their homes stay safe during complex legal transitions. What Makes Florida’s Homestead Exemption Unique? Florida’s Constitution provides robust protections that: Prevent forced […]
5 Common Florida Probate Mistakes That Could Cost Your Family Thousands
Everyone makes mistakes, but when it comes to probate in Florida, some errors can drain your inheritance and drag out the process for months or even years. Having handled countless probate cases, I’ve seen families lose significant time and money due to simple oversights that could have been easily avoided. 1. Trying to Handle Complex […]
What is Florida Probate and How to Start?
Florida probate refers to the legal process that occurs after someone dies to distribute their assets and settle their debts. Probate is supervised by the court and is necessary to transfer ownership of the deceased person’s assets to their beneficiaries or heirs. The Florida probate process involves several steps, including: The probate process can be […]
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 […]
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 […]
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 […]
5 Common Myths about Florida Probate Law
Let’s explore some common (popular?) myths about Florida probate law shall we? 1. Mom had a Will so we don’t have to go through probate. Unfortunately, dying with a Will (Testate) has no bearing on whether or not probate is necessary. The decision to probate an estate rests solely on the existence of assets that […]
Why You Need Probate to Sell Real Estate
Here’s a frequently asked question that deserves a slightly more intricate answer: “I’m clearly a child of (the decedent). Why can’t I just sign a quit claim deed over to myself so I can sell this property?” Short answer: You do not (yet) have the legal authority to sign or otherwise transfer property on the […]
