Florida Probate’s Golden Rule: Make Nice or Pay the Price!
When dealing with the loss of a loved one in Florida, family disputes during probate can quickly transform grief into expensive legal battles. The golden rule of Florida probate is simple: maintain civility and cooperation, or watch estate assets disappear into attorney fees and court costs. The Real Cost of Florida Probate Disputes Florida probate […]
How to Avoid Losing an Inheritance to a Florida Medicaid Claim
The Florida Probate and Medicaid Connection You Need to Understand Probate in Florida already poses complex challenges to estate management which become even more complicated when Medicaid plays its additional rules. Agency for Health Care Administration (AHCA) needs notification about deaths of individuals who reached 55 during probate proceedings regardless of Medicaid history. Why does […]
Cost (expenses) associated with Florida probate administration
There seems to be more confusion these days regarding the costs (expenses) associated with a probate administration in Florida. Whether you’re an heir, a personal representative, or simply trying to wrap your head around the process, understanding these costs is essential. Let me try to clear things up: Attorney’s Fees vs. Probate Costs Attorney’s fees […]
Why Summary Administration is NOT always the best choice
In a nutshell, Summary Administration in Florida is a type of probate proceeding for small estates. To be eligible: The estate must contain less than $75,000 in non-exempt assets (typically, assets other than the decedent’s home) OR At least 2 years have passed since the date of death No brainer right? Not exactly. Lately, I’ve […]
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 […]
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 […]
Can’t find the Will? A few tips!
Every once in a while, we get a call from a prospective Florida probate client who spends about 20 minutes explaining who inherits under the decedent’s Last Will and Testament, only to finish by saying “but I only have a copy of the Will.” That IS a problem. Under Florida Statutes, the custodian of the […]
