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Category Archives: Probate

OpenLetter

Is Reopening An Estate That Has Already Settled Worth The Trouble?

By Gierach and Gierach, P.A. |

Even uncomplicated probate cases can be stressful when the person for whose estate you were acting as a personal representative settles and the beneficiaries get their inheritance.  As long as the estate is open, everyone blames you when creditors surface and claim debts that, once paid, reduce the amount left for you and your… Read More »

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Beware Of Known And Reasonably Ascertainable Creditors

By Gierach and Gierach, P.A. |

The fun part of estate planning is daydreaming about enjoying retirement and about being generous to your descendants.  In fact, you might even spend your first few sessions with an estate planning lawyer focusing on your dreams of your golden years and of creating generational wealth.  Eventually, though, you will need to confront your… Read More »

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Will The Clutter You Find In A Deceased Relative’s House Affect The Probate Of Their Estate?

By Gierach and Gierach, P.A. |

Selling a deceased relative’s house is often one of the most stressful parts of probate.  If the decedent included instructions in their will about selling the house, it makes the process somewhat easier, but selling a house is never easy, even under circumstances that do not involve bereavement.  The worst is if the decedent… Read More »

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Why Not Writing a Will Makes Probate More Difficult

By Gierach and Gierach, P.A. |

If you have been working with a financial planner, or even if you have just been researching their websites as an early stage of your New Year’s resolution to start working with one, you have probably found a lot of information about how to keep certain assets from becoming part of your estate.  Financial… Read More »

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A Crash Course in Probate Law Terminology

By Gierach and Gierach, P.A. |

In theory, there are a lot of legal processes that are so common that you should be able to complete them without hiring a lawyer.  You probably know someone who has legally changed their name, gotten a divorce, or adopted a child, and they may or may not have had professional legal representation.  In… Read More »

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Distinguishing Between Probate and Non-Probate Assets

By Gierach and Gierach, P.A. |

The process of administering and probating a last will and testament involves figuring out what assets are estate versus non-estate (or probate versus non-probate) assets. And executor must make this distinction in order to properly address with estate taxes. Probate/Estate Assets The general rule is that all probate assets are assets that must pass… Read More »

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How Payable On Death Accounts Fit into Florida Estate Planning

By Gierach and Gierach, P.A. |

A “transfer on death” account (also known as “payable on death” or “in-trust-for” accounts, or “Totten trust”) allows joint account holders (of a bank account, etc.) to dictate who receives the funds or assets once that the second owner dies. These accounts are managed based on state law; for example, Florida does not allow… Read More »

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Florida Fourth District Court Of Appeal Decides Mandatory Restricted Depositories in Probate Are Improper

By Gierach and Gierach, P.A. |

When it comes to probate, Florida law addresses placing financial assets into a restricted depository account in a financial institution in order to reduce the risk of improper use by the estate’s personal representative. While some counties impose the restricted depository accounts in all cases, for all estates, others only do so if the… Read More »

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Senior Citizens Concerned About “Money-Draining Probate System”

By Gierach and Gierach, P.A. |

When most people think of the word “probate,” they think of the process of having to go to court and validate a will. But what many people do not realize is that probate court can serve as both a way to protect the disabled and elderly from financial and physical abuse, while also opening… Read More »

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