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 …
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 …
QOTD: Is Probate in Florida Necessary for Vacant Land?
If I receive the same question more than 3 times in a week, it is deserving of its own blog post. A fellow called my office explaining that his father was a resident of New Jersey. On a trip to Florida back in the late 70’s, dad unintentionally ended up purchasing a piece of vacant land in Lee County for …
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? Question: My husband of 3 years has passed he bought a trailer home before we ever met there is no will who gets the trailer? Answer: …