Florida Ancillary Probate

Elizabeth, a 49-year old Washington resident, died leaving real property including a vacation home in Florida. Jack, an entrepreneur who lived in Massachusetts at the time of his death, left behind an estate that included credits due from Florida residents. And Dana passed away in Minnesota, but had liens on property located in Florida. What do these three people have in common? Their estates will all be subject to a Read More

Florida Probate with an Out-of-State Executor

Probate technically means the proving of a deceased person’s Will. It also means the time during which the executor or personal representative settles the deceased person’s estate. The whole probate process can be time consuming, and it’s even worse when the executor doesn’t live nearby. Proceedings in a Florida court with an out-of-state executor require a little extra attention. Probate Proceedings in Read More

Is a Lady Bird Deed in Your Future?

Estate planning attorneys use many tools or strategies to create effective estate plans for their clients. An estate plan, or life care plan, covers many aspects of a person’s life including what type of end-of-life treatment they want, who will make medical or financial decisions for them if necessary, and how to dispose of property after death. The “Lady Bird Deed” is one tool used by lawyers when their client’s Read More

Managing Assets During Probate

One purpose of estate planning is to avoid probate, but sometimes probate is unavoidable.  It may take some time until the executor is legally able to distribute assets.  How will the executor go about managing assets during probate? Executor Duties During Probate An estate executor, also known as a personal representative, is charged with settling and distributing an estate according to the decedent’s Will and Read More

No Will? There’s a Way: Florida Intestate Proceedings

When someone dies without leaving a valid Last Will and Testament, they are referred to as being “intestate.” But dying without a Will doesn’t mean there’s no estate to distribute to appropriate parties. It just means there’s no document stating how to do it. If there’s no Will, Florida law still provides a way to settle an intestate estate. One thing to note right away is that some assets pass to surviving Read More