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 go through probate to be …
Letters of Administration – Do you really need them?!
I can’t say this enough: There are many situations where you do not need letters of administration. Many. Yes, the bank or customer service agent you are talking to says you do…but they are just reading from a policy manual or a list of predefined answers. They are not probate lawyers. They aren’t always right. That’s what the legal department …
Florida Probate Forms – Where can I find them?
You probably can’t find them. They are for attorney-use only because most probate cases in Florida require representation by an attorney (yep, even for the “simple” cases) Even if you can, you are taking a huge risk. Why? In all but very small situations, a personal representative (executor) must be represented by an ATTORNEY. (Not a Paralegal) I haven’t researched …
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 Representative (Executor) is actually appointed …
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 reduce the potential claims window …
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 more options and surplus available …
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 very high priority and must …