In Florida, the publication of a Notice to Creditors triggers a deadline for creditors of a probate estate to file their claims. In a Florida probate, a Personal Representative must promptly publish a Notice to Creditors. The Notice should contain the name of the...
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Probate
In a Florida probate, what if the available assets are insufficient to pay all eight classes of claims?
The eight classes of obligations in a probate estate are paid, beginning with class 1 and proceeding downward . Each class must paid in full before proceeding to the next class. Florida Statutes Section 733.707 sets forth eight classes which establish the order...
In Florida, what is the order of payment of claims against a probate estate?
When determining the order of payment, a Personal Representative of a Florida probate estate must look at eight classes of claims. Each class of claims is paid in descending order before progressing to the next class. In Florida, the Personal Representative of a...
What is a spendthrift provision in a Will or Trust?
A "spendthrift provision" is a provision in a Trust or a Will that protects a beneficiary from assigning away his or her inheritance and it also protects against a creditor attaching the beneficiary's inheritance. A "spendthrift provision" is a provision in a...
What compensation is a Trustee in Florida entitled to receive?
Trustee compensation in Florida is determined first by the terms of the Trust, then by what is reasonable under the circumstances. In Florida, if the terms of a Trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable...
Where is the principal place of administration of a Trust under Florida law?
Under certain conditions, the principal place of administration of a Trust can be designated in the Trust itself. However, certain limitations may apply. In Florida, one of a Trustee's duties include declaring the principal place of administration of a Trust. The...
How many witnesses are required for a Florida Will?
In Florida, in order for a Will to be enforceable, it must be signed by the testator/testatrix in front of two witnesses. Florida law requires that when a Will is executed by a testator/testatrix, it must be in the presence of two witnesses. Essentially, the Will must...
In a Florida probate, must the Personal Representative be represented by an attorney?
With two exceptions, in a formal Florida probate, a Personal Representative must be represented by an attorney. When a formal probate is filed in Florida, one of the first steps is for the probate court to appoint a Personal Representative, This is the person who will...
A Florida spouse’s share in an intestate estate–i.e. when there is no Will.
When a Florida resident dies without a Will, and has a spouse, the intestate share of the surviving spouse depends on the make-up of the decedent's descendants--children, grandchildren, etc. If a person dies without a Will in Florida, it means that they died...
In Florida, must a Personal Representative be represented by counsel?
In Florida, if there are beneficiaries of an estate other than the Personal Representative, then the Personal Representative must have an attorney. In Florida, when the beneficiaries of the estate includes persons other than the Personal...