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 …
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 …
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 …