Probate & The Florida Wrongful Death Act
Wrongful death claims in Florida always require a probate administration. This is true whether it’s because of accident or medical malpractice. Florida’s Wrongful Death Act requires a wrongful death action be brought by the personal representative, or executor, of the decedent. When probating a wrongful death claim, it’s important to use a firm familiar with…
Repeal of the Death Tax Will Harm 99% of Americans
Many Americans are against the so-called death tax (estate tax) as an unfair tax. But the reality is more than 99% of Americans benefit from the estate tax. If you are married and own less than $11 million worth of assets, or are single and own less than $5 1/2 million in assets*, you or…
How Does a Probate Lawyer in Lakewood Ranch Assist and Advise a Personal Representative?
Serving as a Personal Representative (also known as an executor) in Florida can be a significant responsibility. A probate lawyer can provide essential guidance to help you carry out your duties and comply with Florida law. Typical assistance includes: The Florida probate process can be complex and overwhelming without experienced guidance. If you’ve been appointed…
Do Trusts Really Avoid Probate?
The simple answer is no. Trusts by themselves do not avoid probate, but they make probate avoidance possible. Think of the trust agreement as a box. Anything put in the box does not require court administration (probate) to pass to the beneficiaries. This is known as funding the trust and is one of the most…
Formal Probate Administration
If someone dies owning assets in his or her name alone (“probatable assets”), there must be a probate court proceeding to determine who is to receive the assets. In other words, the Will is given effect through the probate court proceedings. Probate means “prove.” One must prove to the probate court that the Will is…
Summary Probate Administration
If someone dies owning assets in his or her name alone (“probatable assets”), there must be a probate court proceeding to determine who is to receive the assets. In other words, the Will is given effect through the probate court proceedings. Probate means “prove”. One must prove to the probate court that the Will is…
Probate & Probate Avoidance
When an individual dies in Florida or while owning real property in Florida, probate is the procedure used to transfer his or her assets to the proper heirs. Some assets pass automatically or outside of probate based on their character or how they were titled. There are different types of probate administration, including a full…
Creditors’ Claims
One of the primary purposes of Probate is to ensure creditors of the deceased individual (“decedent”) have an opportunity to make a claim against the estate. The Personal Representative (“PR”) and creditors need to pay close attention to the claims procedure as there are strict time limits and procedures involved. CLAIMS PERIOD Creditors of an…
What Happens to Out of State Real Property When Someone Dies?
For most property, the state in which you reside has jurisdiction over that property, and it will be administered according to the laws of that state. However, real property falls under the laws of the state in which it is located. This means that real property must be administered in the state in which it…
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