Probate is the court proceeding that takes place to administer the estate of a deceased person. It can happen with or without a will. If there is a will, someone must file that document with the court. The probate process is administrating the estate of the person who...
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Probate
3 ways people keep their assets out of Florida probate court
Estate planning is as much about maximizing what people receive as it is about controlling who receives which assets. One of the ways that people lose property that they would like to pass to their loved ones or possibly charitable organizations is through probate...
Right of Decedent’s Spouse to Elect Regarding Homestead
Sometimes we see married persons who own their homestead only in their name--not including the spouse on the title. If that married person dies intestate (without a Last Will and Testament) and has no children, the homestead transfers to the surviving spouse by...
When Probate is NOT Required in Florida
When a Florida resident dies, one of the first steps which needs to be accomplished is to determine whether the decedent’s assets will need to go through probate. This article briefly discusses situations where probate does NOT apply. 1. Assets with a beneficiary or...
What does the probate process typically involve in the Tampa area?
As the personal representative of the estate of someone who died while living in the Tampa area, you will have numerous legal obligations in the upcoming months. There are many responsibilities that you need to fulfill, so it is crucial that you familiarize yourself...
Why you should consider hiring a probate administrator
If you are named as the executor in a will, or if you are the closest living relative of someone who has died without a will, you may be responsible for handling their estate. This can be a complex and time-consuming process, especially if the estate is large or there...
Six Essential Estate Planning Documents You Should Have
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...
How can I avoid or minimize probate?
One of the things that you may want to do when you start estate planning is to look into ways that you can avoid or minimize probate. Probate can be costly and time intensive, so it makes sense to want to eliminate the risk of your family having to go through it after...
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,...
Joint tenancy and avoiding probate
Many individuals, especially married couples, possess assets such as real estate and securities as JWROS, or "joint tenants with right of survivorship." When it comes to estate planning, the JWROS arrangement dictates that if one spouse passes away, the other spouse...
