Category Archives: Probate
What Happens To Debts That Other People Owe You
As stressful as it is when you owe debts that you cannot pay, it is just as stressful when other people do not pay you the money that they owe you. This is true in the case of debts you incurred and money you lent on your own behalf, and it is also true… Read More »
Depositions In Florida Probate Cases
In the best-case scenario, probate is simple. The beneficiaries of the will and the personal representative of the estate already know what the will says. The personal representative can easily locate the beneficiaries and creditors. No one responds to the public notices that the law requires the personal representative to publish when the estate… Read More »
Insolvent Estates: A Nightmare For Beneficiaries And Personal Representatives
Unless the decedent planned out his or her estate down to the last detail and there is no family drama for which probate court to act as a venue, being the personal representative of a deceased person’s estate is a thankless job. Even if you are a beneficiary of the will, and you get… Read More »
Probate Nightmares: Finding Out That The House You Just Inherited Is Encumbered By A Faustian Bargain
Determining how your descendants should inherit a real estate property you own is a big decision. You want to be fair to everyone and avoid inciting sibling feuds or aggravating existing ones. You also don’t want the house to be a financial burden on your family. If you think that your children are just… Read More »
What Happens To The Decedent’s Business Interests During Probate?
You might have heard the estate planning maxim that the law categorizes all assets that are not real estate or accounts full of money as personal property, meaning that the probate court does not see any difference between the socks in the decedent’s sock drawer, on the one hand, and valuable paintings, on the… Read More »
Preparing An Estate Inventory For Probate
You love your family, but you would not want to drop everything and prepare a family member’s tax returns, without that family member’s help, during an already stressful time in your life, when it wasn’t even tax season. That is the position that people who die without an estate plan put their family members… Read More »
Breach Of Fiduciary Duty And Florida Estate Law
Unless you operate a family business, then you usually keep work and family separate. You might have conflicts with family members about matters such as splitting the cost of family gatherings or about the wealthiest member of a family contributing to the educational expenses or other means of support for members of the younger… Read More »
You Don’t Have To Be Dirt Poor To Qualify For Summary Administration
Conventional wisdom about estate planning holds that everyone who is able to avoid probate should do so, and that the easiest ways to accomplish this are by being very rich or very poor. If the former applies, then your estate still goes through the motions of probate, while most of your assets pass to… Read More »
Removing A Personal Representative From An Estate In Probate Court
Except under extraordinary circumstances, the probate court must follow the instructions in a deceased person’s will. The estate must pay taxes and settle with creditors before the beneficiaries can receive the assets designated for them in the will, but the testator (the author of the will) has the final say regarding who should act… Read More »
Beware Of Nuncupative Wills
Florida has long been a popular destination for retirees from other states and other countries to spend their final years, so it is unsurprising that Florida’s probate courts have admitted many wills that were issued elsewhere. Florida law adopts the attitude that, if a will meets the legal requirements of the state or country… Read More »