A Personal Representative has many duties that must be carried out in accordance with Florida Probate Law. These duties include gathering estate assets, determining and resolving estate liabilities, paying any taxes, distributing the estate assets to beneficiaries and...
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Month: October 2013
In Florida, are Wills recorded?
Many times when a person dies in Florida, family members may ask whether the person's Last Will and Testament is recorded anywhere. In most instances, a Will is not recorded while a person is living. In most instances, Florida attorneys do not...
Is there more than one kind of probate in Florida?
In Florida, there are two types of probate: summary administration and formal administration. These are also known as summary probate and formal probate. In Florida, there are two types of probate: summary administration and formal administration. A summary...
Situations Where Probate is Required
There are at least three situations where probate is required in Florida. An experienced Florida estate lawyer will advise that there are at least three situations where probate is required in Florida. 1. Property is titled in the deceased person's sole name....
Is probate required if a person dies owning assets titled jointly with a person other than their spouse?
For any assets which the deceased person owned jointly with a person other than their spouse, the decision whether probate is necessary depends on the way title or ownership is held. If the assets are title with ownership as "Joint Tenants with Rights of Survivorship"...
Is probate required if a person dies owning assets titled jointly with their spouse?
For assets which the deceased person owned jointly with their spouse, in most instances in Florida, probate is not necessary. At the death of the first spouse, these assets vest title in the surviving spouse automatically. When assets are titled jointly with a...
Is probate required if a person dies but had a beneficiary or a pay-on-death designation?
For any assets which have either a beneficiary designation, a pay-on-death ("POD") designation, or a transfer-on-death ("TOD") designation, probate is not necessary. At the death of the owner, these assets will be paid or transferred directly to the named designee....
When a person dies in Florida, is probate always necessary?
Probate is not always required in Florida when a person dies. There are several situations where the deceased's assets can pass without probate. An experienced Florida probate lawyer will tell you that there are at least four situations where probate is not necessary....
