In most Florida estate plans, there are six essential documents which you should have in place. These include the following: Last Will and Testament. This document allows you to appoint a Personal Representative to oversee your probate estate and to designate your...
Complex Legal Challenges
Personal Representative
Can a Probate Court Waive Posting of a Personal Representative Bond?
When a probate estate is opened in Florida, one of the requirements that the probate court can impose at the beginning is that a Personal Representative’s Bond must be posted. Often the requirement for posting the Bond must be satisfied before the Letters of...
Oath of the Personal Representative in Florida
Under Florida probate practice, the person appointed by the probate court to oversee the estate is known as the “Personal Representative.” Many people refer to this as an “Executor” and although they are essentially the same, the correct term in Florida is Personal...
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...
Reformation of a Will, Correcting Mistakes After the Person Dies
Consider a situation where Uncle Charlie prepares a Will intending to leave his home located at 1313 Mudbird Lane to his nephew, Jim, and the reminder of his estate (called the residue) to his other nephew, Tom. In lawyer's terms, the gift to Jim is a specific devise...
in a formal probate, does the Personal Representative need an attorney?
In our probate practice, we are often asked this question of whether the Personal Representative needs an attorney in a formal probate in Florida. [A formal probate is a full-blown probate that typically applies when the estate--not including the homestead--exceeds...
Must the Trustee of a Florida Trust be a Resident of Florida or be Related by Blood or Marriage?
In our firm’s estate planning practice, we commonly help clients set up a “Living Trust” (also called a “Revocable Trust” or a “Revocable Living Trust”). In this blog, we will simply call it a “Trust.” Establishing a Trust has many benefits, including avoiding probate...
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...
Is a Trust the Same Thing as a Will?
In our estate planning practice, we often are asked whether a Trust is the same thing as a Last Will and Testament (“Will”). If fact, many times we hear clients refer to them interchangeably. However, a Will and a Trust are not the same. Understanding their...
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...