When a Last Will and Testament devises a person’s assets in a certain way, can the Personal Representative and beneficiaries follow a different distribution plan? In simple terms, the Personal Representative must distribute the estate assets as provided in the Will or...
Complex Legal Challenges
Estate Administration
What is probate in Florida?
In Florida, probate is the court administered process through which a deceased person’s Estate is administered. In layman’s terms, probate is one of the means through which a person’s final affairs are resolved after his or her death. In probate, various matters are...
Florida probate concerns: What executors need to know
Florida probate can be understandably confusing for first-time executors, especially because the state has specific rules that differ from those of many others. Executors—called personal representatives in Florida—have important legal duties that must be handled...
What happens to debts when someone dies?
Losing a loved one is an emotional time, but it also comes with certain things that have to be taken care of. One of the most common questions that families ask after they face the loss of a loved one is what’s going to happen to that person’s debt. Contrary to what...
Communication is a crucial duty of executors
If you are an estate’s personal representative, communicating with beneficiaries is one of your crucial responsibilities. You need to keep them adequately informed throughout probate. Failing to do this can constitute a breach of fiduciary duty, which can result in a...
Unpaid debts can be a risk for the representative of an estate
There are actually risks associated with being the executor or personal representative of someone's estate. You probably considered those risks when deciding if you wanted to accept that responsibility. Some of the better-known risks include the amount of time you may...
Deposit of a Decedent’s Separate Writing with the Clerk
In Florida estate planning, a commonly used and helpful tool is what is known as the “separate writing.” This is a document referred to in a Will or Trust which designates the recipients of certain items of tangible personal property (like jewelry, furniture,...
What happens when there is a breach of fiduciary duty?
A fiduciary is a person or organization entrusted to act in the best interests on behalf of another. Legally and ethically, the fiduciary owes their client a duty of care by acting in ways that always put the client’s interests first. In estate planning, which is the...
What can I do when I think a will is wrong?
Probate is the formal legal process where the court recognizes a will. It involves the court naming an individual or institution to administer the estate as directed by the will. This representative or executor must account for all assets and debts of the estate...
The Purpose of an Affidavit of Heirs in Florida Probate
In Florida, when a person dies intestate, i.e. without a Last Will and Testament, Florida’s intestacy statutes govern who will inherit the deceased person’s probate estate. Section 732.101, Fla. Stat. provides that: “Any part of the estate of a decedent not...