Do all estates have to go through probate in Florida?
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 […]
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 […]
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 […]
Florida Probate FAQ in under 60 seconds
Here’s a quick list of questions we entertain quite often. (60 seconds is a stretch unless you read fast!) The court process of paying off debts and distributing assets to a decedent’s heirs. If it was your homestead and you were on the deed, then no. If you weren’t on the deed, yes. There are […]
Buying or Selling Probate Property in Florida?
Here’s just a bit of a primer for sellers and buyers of probate property (real estate) in Florida. It’s only the nuts and bolts – bottom line – INQUIRE EARLY TO SEE PROBATE IS NECESSARY! For Sellers: If you just inherited property in Florida and you’re looking to sell it, make sure your ducks are […]
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 […]
“Quick” Q&A – What happens if I can’t find the Will?
Marie from Rochester, NY has turned her father’s house upside down and can’t find the Will. “Quick” Question: “My dad who ironically was an attorney, died and we can’t find his Will. We have no reason to believe that he wrote a Will other than the fact that he was an attorney and we find […]
“Quick” Q&A – “Can I change title to real estate without Florida probate?”
Janice from New Mexico wanted to know if probate was necessary to change title to real estate: “Quick” Question “My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed […]
Probate for a Timeshare?
[lastupdated] [alert type=”success” close=”false” heading=”Update (9/4/2019):”] Read our latest post on avoiding probate on your Florida timeshare. [/alert] There’s been an influx of calls from prospective clients who are interested in the probate of a Florida timeshare. Timeshare interests are similar to any other real estate interest with regard to the purchase and sale formalities. […]
How much does probate in Florida cost? A Guide to Florida Probate Fees.
First, let’s ensure we have the lingo correct. Attorneys bill for “attorneys’ fees” and “costs.” Attorney’s fees are the professional service rendered. Generally, the options for fee structure include: hourly fees, flat fees or contingent fees. Costs (or expenses) are the costs associated with the administration of the probate case, i.e. postage, court filing costs/fees, […]
