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...
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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...
Handling the complex probate process
Many people don’t know much about the probate process until they have to help settle a loved one’s estate. The first thing many personal representatives (also known as estate executors) learn is exactly what probate is: transferring ownership of someone’s assets to...
Statute of Limitations for Claims against a Florida Estate
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...
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...
