July 2015 Archives

Understanding Mediation in Florida--Part II

When mediation is conducted, one of the first things that happens is that the parties and the mediator have an discussion about mediation in general and about the case in particular. That initial meeting is sometimes conducted with everyone in the same room together and in some cases with the parties in separate rooms. Either way, the mediator will usually explain to the parties a number of important points about mediation. Here is a sample of the types of things the mediator will point out to the the parties and their attorneys:

Family Allowance in Florida Probate

If a person dies in Florida leaving a spouse or dependent lineal heirs, those persons may need financial support while the probate is pending. Since probate can take in excess of a year, this can impose a significant financial burden on the spouse or heirs. So, can those persons receive any portion of the probate estate while waiting for the probate to run its course? If they do receive some portion of the estate for support, does that amount reduce their entitlement as a beneficiary?

Understanding Mediation in Florida

In most areas of civil law in Florida, mediation has become the norm before a case can proceed to trial. As a result, understanding the mediation process can be useful to anyone involved in a civil court proceeding. This includes cases involving personal injury, divorce, contract disputes, etc. 

What is the priority of who-gets-what when a person dies?

When someone dies in Florida, assets or property they own can be transferred in several different ways and via several different means, only one of which involves a Will or Trust. This blog will consider several of these different means and how they relate in priority.

Finding Unknown or Unclaimed Assets After Someone Dies

Sometimes when a person dies, the spouse or other family know what assets or property the person owned. These could could include anything from real estate to bank accounts, stocks to home furnishings, even pets to stamp collections. However, experienced probate attorneys know that there are often hidden or unknown assets which should be included in the estate. Therefore, some investigation can be warranted. This blog entry is intended to discuss one source which should be investigated. 

How do I get access into a safe deposit box after someone dies?

When a person in Florida has a safe-deposit box at a bank or credit union, only they or persons they've authorized in writing, can access the box. So what happens if the person dies and no one else is authorized? A Florida attorney can show you where the law provides a solution.

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