Caution: “Probate Paralegals” on Craigslist
Yesterday, I received what was otherwise a routine call about a potential probate case:[clear] The caller told me she had hired a “probate paralegal” to prepare the paperwork that she, the caller, would then file the case herself. She thought she had found some magical loophole to avoid hiring an attorney, until the clerk noticed […]
Got Letters of Administration! What now?
This is a followup to my previous post on starting Probate in Florida, specifically Formal Administration. The initial push in probate is dedicated to convincing the judge to appoint you as the personal representative (PR) and then issuing Letters of Administration. Now that you’ve got your credentials, it’s time to get to work.[clear] Here are […]
How to Start Probate in Florida
Florida Probate administration can be relatively hassle-free with the right guidance and representation. It’s easy enough to say “hire an attorney” and frankly, it’s almost always your only choice. But, there’s no reason you should be in the dark about the process.[clear] During consultations, [highlight]I want to educate people[/highlight] about the process, time frames, costs […]
Thoughts about Estate Assist, a “digital safe deposit box”
Does Estate Assist solve probate and estate problems for Florida residents? A brief look at Estate Assist and lingering questions.
Do I have to Probate the Homestead Property?
We have been answering this question repeatedly over the last couple of months. If a homestead property is not a probate asset, why does it have to go through probate? Great question. If mom’s house was truly her homestead over the last few decades, you wouldn’t be wrong to assume that it was considered her […]
Cost (expenses) associated with Florida probate administration
There seems to be more confusion these days regarding the costs (expenses) associated with a probate administration in Florida. Whether you’re an heir, a personal representative, or simply trying to wrap your head around the process, understanding these costs is essential. Let me try to clear things up: Attorney’s Fees vs. Probate Costs Attorney’s fees […]
Where should I store my Last Will and Testament (and other important documents)?
Nearly 5 years ago, I wrote an article about what to do when you can’t find the Will of the decedent. Recently, Lifehacker revived the Wall Street Journal’s handy article reminding us that we all ought to revisit where and how we store important documents for easy access and peace of mind. I’ve never been […]
No Will? Surviving spouse inheritance rights revised effective October 1st, 2011
Who should care? If there is no Will, then surviving spouses or children of the decedent. What is the effect of the revised statute? Florida Statute 732.102: 732.102 – Spouse’s share of intestate estate. —The intestate share of the surviving spouse is: If there is no surviving descendant of the decedent, the entire intestate estate. […]
How do I file a Claim against an Estate & How do I even know if the Estate is opened?
Florida Probate Question of the Day: How do I file a Claim against an Estate & How do I even know if the Estate is opened? A claim is a one page document that called a “statement of claim” – you should be able to find a sample online. Google “statement of claim florida probate” […]
Letters of Administration Revisited
Quick Answer: Letters of Administration (LOAs) are court orders issued during formal probate administration that authorize a personal representative to access and manage estate assets. They’re not automatically issued and require proper legal filing through an attorney. MUST READ: Letters of Administration (LOA’s) are court orders. They are issued as PART of a FORMAL ADMINISTRATION […]
