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...
Complex Legal Challenges
Probate
Rights of a Surviving Spouse: Florida’s Elective Share
In Florida, a surviving spouse has certain protections in the event his or her spouse dies and does not leave the surviving spouse an acceptable portion of the deceased spouse’s assets. In simple terms, these protections prevent a surviving spouse from being totally...
Be Cautious When Using Joint Account Ownership and POD Designations
In our estate planning and probate practice, we often see situations where clients will add a loved-one on to their bank account as joint account owner or will make a “Pay-on-Death” (“POD”) designation. The reason for this is often either for convenience or to avoid...
Is an inheritance taxable in Florida?
In our estate planning practice, we commonly have clients ask “Will I be taxed if I receive an inheritance from a loved one?” In order to answer this question, there are a couple of things that will help you understand how taxes come into play when someone dies and...
Should I transfer my Florida homestead into my Trust?
Many Florida estate plans include setting up a revocable living trust (“Trust”). One advantage of having a Trust is that it avoids assets or property having to go through probate. In order to be effective, once the Trust is executed, certain assets need to be...
What is a Pretermitted Spouse?
Often when married couples have their estate documents prepared, they will provide for each other. A husband’s Last Will and Testament (“Will”) may leave everything to his wife and vice versa. This sort of inheritance seems natural. But what happens if the couple had...
The Basics of Objecting to a Creditor Claim in Florida Probate
When a person dies resident in Florida and a probate is opened, one of the first steps taken by the court-appointed Personal Representative is to publish a “Notice to Creditors” in a local newspaper. In addition to publication, the Notice to Creditors is served by...
Petition for Administration: Should you Consent or Object?
A loved one has passed away and after a few weeks you receive a package from a probate attorney's office. Inside the package are several official looking documents along with a cover letter asking that you sign and return a Consent to the enclosed Petition for...
A Surviving Spouse’s Decision on Homestead
Tom and Cathy (an imaginary couple) are married and have no children together. Tom has two adult children from a prior marriage; Cathy has no children. The couple reside in a Florida home which Tom owned before they got married. As a result, title to the home is only...
Summary Administration in Florida
In Florida, there are two types of probate administration: formal and summary. Both accomplish essentially the same objective of allowing the distribution of a decedent's assets. However, there are some significant differences between these two types of probate. This...