When a person dies resident in Florida, is there a statute of limitations limiting when a creditor can no longer enforce a debt or claim against the decedent or the decedent’s estate? The answer is in the affirmative. Section 733.710, Fla. Stat. provides that “…2...
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Can a Creditor Petition to Open a Probate in Florida?
When a person dies domiciled in Florida, in order to administer his or her estate, a probate often must be opened. The question arises, who can petition to open a probate of the decedent’s estate? Certainly, a spouse or beneficiary could do so. But what about a...
What Can Go Wrong During Estate Administration?
Going through the administration process of a loved one’s estate can be a confusing and difficult process. You may not be aware of all the potential issues and complications that can come with the probate and estate administration process. Estate administration has...
Who is Eligible to Serve as Personal Representative in Florida?
When a formal probate is opened in Florida, the court will appoint a person to serve as Personal Representative (in other states, this is sometimes refer to as an “Executor” or “Administrator”). A common question which we run into in our estate practice is “Who is...
Compensation for Administering a Probate Estate in Florida
When a person dies resident in Florida, a formal probate estate is often required. In a formal probate, the probate court appoints a “Personal Representative.” Some people refer to this person as the “Executor” but the correct name in Florida is Personal...
Be Cautious When Using Joint Account Ownership and POD Designations
In our estate planning and probate practice, we often see situations where clients will add a loved-one on to their bank account as joint account owner or will make a “Pay-on-Death” (“POD”) designation. The reason for this is often either for convenience or to avoid...
Is an inheritance taxable in Florida?
In our estate planning practice, we commonly have clients ask “Will I be taxed if I receive an inheritance from a loved one?” In order to answer this question, there are a couple of things that will help you understand how taxes come into play when someone dies and...
Do you know what to do if you’re a personal representative?
Serving as a personal representative is a huge honor. It means that your loved on trusts you enough to give you power over their last will and testament. At the same time, it’s a huge responsibility that can be very overwhelming. If you are named as someone’s personal...
