Summary or Formal Administration? A simpler analogy.
Florida probate administration has two (2) primary types: Summary Administration or Formal Administration Summary Administration is like a closet: Open closet door Reach in to grab what you need Close closet door [clear] Formal Administration is like a hallway: Open hallway door Walk down the hallway Take care of tasks along the way Exit door […]
D’Oh! alert: Mom died, why are *you* paying HER credit card bill?
There seems to be a pattern developing lately where clients (and tire kickers) are apparently paying creditors out of pocket – that is – they are making say, credit card payments on behalf of the decedent before probate has even started! I can’t be sure if they were coerced by a collections agent or if […]
The bank needs “Letters of Administration” – Are you sure?
What are Letters of Administration? Letters of Administration are court orders granting authority to the person appointed as personal representative, to do all things necessary to administer a decedent’s estate. Letters are typically only issued in a formal administration of an estate which is initiated by a Petition for Administration. Once received, a personal representative may present the […]
Do I NEED a lawyer for probate in Florida?
99.99% of the time, the answer is yes. Generally speaking, a personal representative must have attorney representation before the probate courts in Florida. “But it’s a simple estate! Just a house and a checking account!” Unfortunately, that’s not the criteria for a “simple estate” and it certainly doesn’t lay the groundwork for rules requiring representation. Here’s […]
Free download: “Understanding the Florida Probate Process”
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Florida Probate Tip #1: Read the Will carefully!
No, I’m not launching an official series of probate tips—but this one is worth calling out all on its own. One of the biggest and most common mistakes in Florida probate cases is failing to read the Will carefully. Whether you’re the personal representative (executor) or even an experienced probate attorney, skimming through the Will—or […]
Florida Probate FAQ in under 60 seconds
Here’s a quick list of common questions we get about Florida probate—and while we say “60 seconds,” you’ll probably need to read a bit faster to fit them all in! These FAQs give you a snapshot of what probate really involves and what to expect when you’re faced with the process after losing a loved […]
“Wills in a Box” (or online) and the Problems they Pose in Florida probate
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 […]
Need to refinance mom’s house? You might need probate first!
I’m surprised at the number of requests I’ve been getting lately for “rush order” probates. Lately, it’s been for clients who are trying to refinance on the house mom or dad left to them. Once you “lock in” that interest rate, you’ve got X number of days to close the loan, correct? Well, if the […]
Florida Probate Myths – A trust always avoids probate in Florida
This is one of the most common probate myths we encounter—and unfortunately, it leads to a lot of confusion (and disappointment) for families handling an estate in Florida. So let’s clear it up: A Trust Does Not Automatically Avoid Probate Many people believe that creating a revocable living trust means probate will be completely avoided. […]
