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. […]
Summary or Formal Administration? A simpler analogy.
Florida probate administration has two (2) primary types: Summary Administration or Formal Administration Summary Administration is like a closet: Open closet door Reach in to grab what you need Close closet door [clear] Formal Administration is like a hallway: Open hallway door Walk down the hallway Take care of tasks along the way Exit door […]
More than 2 years since the Date of Death? Probate that estate!
A little known fact about Florida probate law is that if more than 2 years have passed since the date of death, virtually all creditors claims are barred! Yes, barred – meaning, no can do. Though there are rare occasions where claims can be enforced, it is simply that … rare. What does this mean […]
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 […]
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 – “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 […]
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, […]
Decedent only left Florida homestead? Summary Admnistration is available!
Florida homestead is generally protected from the claims of creditors, even after death. It’s quite typical for clients to call me and tell me “all that mom left behind was some real estate”. My first question is always: “Was it her homestead? Her principal place of residence or domicile?” If yes, then the estate is […]
“Quick” Q&A – “What is the creditor period and why do we need to publish a Notice to Creditors?”
(Updated: 12/11/2014) Doris from New York wanted to know generally how long probate takes and specifically had a question about the creditor period which is required in certain Florida probate administrations: “Quick” Question “What is the creditor period and why do we need to publish a Notice to Creditors?”
