Must I Share Copies of the Original Last Will to the Entire Family?
Florida Probate Question of the Day: Do I have to immediately share copies of the Will with the family? Answer: No, at least not directly. State law requires that you “deposit the Will for safekeeping” with the clerk of courts within 10 days of learning that the decedent has died.
I AM the Personal Representative…or am I?
You’ve got the original Last Will and Testament and it declares you as the Personal Representative (or Executor, Administrator). You were the “chosen one”, right? It says that so it must be so! Right? Wrong. When a person drafts a Will, they are nominating someone to act as Personal Representative (PR), Executor or Administrator of […]
Do All Heirs Need to Consent to the Sale of the Homestead?
Quick Answer: In Florida, all heirs typically need to consent to sell inherited homestead property unless the will specifically instructs otherwise. Without unanimous consent, heirs may need to pursue a partition action through the courts to force a sale. Florida Probate Question of the Day: My mom, thankfully still alive at age 85, has informed […]
Don’t Be Foolish. Talk to a Probate Attorney First (even if it’s not me)!
This coming October will mark the 5th year that we have been intensely focused on Florida Probate Law. In these past five years, I have personally handled several hundred (maybe north of 1000) free consultations to people faced with the possibility of probate. Not everyone hires my firm, but many of them have still seriously […]
The Search…for a Florida Probate Attorney
Enjoy and please rate the video here when finished: https://www.youtube.com/watch?v=9baqNyxeA2M Inspired by Google’s Superbowl Commercial, I had this video put together. It originally included many more search queries but had to be heavily edited for effect. The idea of course is to illustrate some of the searches people do before realizing they need a Florida […]
Is my mother’s house protected from probate creditors?
Florida Probate Question of the Day I recently talked to a prospective client about homestead laws in Florida. Specifically: What happens to a decedent’s homestead in a Florida probate administration that has many or substantial creditors? I told him that I could secure a Homestead Protection Order so that his mother’s house would pass safely […]
Orlando Probate | Attorney Resources
Orlando (Orange, Seminole and Osceola County) is a large metropolitan area where many seniors call home. In the last few years, we have handled several probate cases in this area. Probate administration is no different in the Orlando area than anywhere else in Florida and as such, we gladly accept uncontested probate matters in the […]
What happens to online accounts after you die?
How many online accounts do you have? Gmail, Hotmail, Yahoo Mail, Facebook, Twitter, Tinder, Farmersonly.com (yes, that’s real)… Do you bank online? Do you use the bill payment feature (billpay)? How about PayPal? Google Checkout? Typically when a bank is notified about a death, the knee jerk reaction is to freeze the account from future […]
Unclaimed Money in the State of Florida
When I was in college, I opened up a checking account at Barnett Bank (which is now known as Wachovia) because (a) I got a free t-shirt and (b) my hometown bank did not have a branch in the town where I had moved. A few years after I graduated and moved on with my […]
Why Summary Administration is NOT always the best choice
In a nutshell, Summary Administration in Florida is a type of probate proceeding for small estates. To be eligible: The estate must contain less than $75,000 in non-exempt assets (typically, assets other than the decedent’s home) OR At least 2 years have passed since the date of death No brainer right? Not exactly. Lately, I’ve […]
