In Florida, choosing a personal representative (commonly called “executor”) to be in charge of your estate is a very personal decision. While you might think you have the final word in your will, there are certain criteria each personal representative must meet in order to be appointed. Your decision is secondary to the Florida Statutes. […]
Probate is a court process used when a person passes away (“decedent”) residing in Florida or owning property in Florida. The court-supervised process includes determining whether or not there is a valid will and distributing the remaining assets to the beneficiaries.
What is Probate? Probate is the court supervised process that begins after a person’s death (“decedent”) and is done for the purpose of: 1) confirming the validity of the will, if any; 2) identifying and taking possession of the assets; 3) paying the decedent’s debts, and 4) distributing the assets to the beneficiaries. References to […]
In Florida, what property is inherited by your family if you die without a will (“intestate”) depends on what type of property you own at your death. Property is passed to your heirs in two ways: either outside of probate (“non-probate”), or through a court-supervised process called “probate”. Property Passing Outside of Probate: In many […]
Many people move to Florida. Some move here for the sunshine, warm weather, and the beaches. Others come for new opportunities. We welcome all of you. Many who relocate to Florida are concerned that estate plan documents they had prepared in another state may not be valid in Florida. These documents could include last wills, […]
In the case of a second marriage, the parent of adult children usually want their children to maintain a relationship with the new spouse. Perhaps the second marriage began when the children were still minors or it may be after they have grown. The biggest misconception of a parent is to prepare estate planning documents […]
Many have heard of the term “probate” as a court process required after someone dies. Probate may be necessary to identify and gather the assets of a decedent, pay the decedent’s debts, and distribute the decedent’s assets to the beneficiaries or heirs. However, it is not always required. If the property you own is held […]