Posts tagged "probate"

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 article is intended to discuss the summary probate administration.

In Florida probate, when is homestead property not given homestead protection?

Article X, Section 4 of the Constitution of Florida provides protection against the claims of creditors for a person's homestead, i.e. their principal residence. In essence, if a homeowner owes money to a creditor, that creditor cannot attach or force sale of the residence in order to receive payment. The same concept applies if the owner dies owning a homestead. In other words, if a homeowner owes a creditor (such as a credit card, medical bills, etc.), when the person dies, the creditor usually cannot collect against the homestead. The homestead is exempt form the claims of creditors.

The Do-it-Yourself Disaster!

In today's era of on-line forms, office supply stores, and software, it is becoming increasingly more common for people to try to prepare their own estate planning documents. Whether it is a simple Durable Power of Attorney, a Living Will, a Last Will and Testament, or a Trust, there are plenty of ways that people can try to create their own estate documents. In our practice, we often see this result in an outright DISASTER!

Why Probate is Needed to Pursue a Florida Wrongful Death Claim

In Florida, when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, certain of the deceased's survivors and the deceased's estate may be entitled to recover damages. Those damages, and who are entitled to them, are set forth in detail in Section 768.21, Fla. Stat.

Does my Will control who receives my life insurance benefits at my death?

Clients sometimes ask this question--often because they are confused about the relationship between their Will and their life insurance policy. After all, doesn't the Will designate a person's beneficiaries? This blog will clarify the relationship between the Will and life insurance.

What does it mean to get a "step-up" in basis on assets when a person dies?

In our estate and probate practice, beneficiaries often ask whether they will have to pay taxes on assets that they inherit. The answer to this often depends on what type of asset is involved and whether there is a gain or a loss on the asset. When a person owns property and they devise it to someone at death, in determining whether there's a gain or a loss for tax purposes, a determination must be made of the "basis" for the property. From the basis, it can be determined whether the value went up--a gain--or went down--a loss.

Who has Priority to be Appointed as Personal Representative of an Estate in Florida?

When a person dies and a formal probate estate must be opened in Florida, the probate court will appoint a person to be in charge of the estate administration. In Florida, this person is known as a "Personal Representative." In other states, it is known as an "Executor" or "Administrator." In Florida, no one is authorized to act as Personal Representative until a probate court issues an Order appointing the Personal Representative. Simply being designated in the Will is not enough--an Order appointing the Personal Representative is required.

How do I access a deceased loved one's bank account after they're gone?

Not uncommonly, we have clients come into the office after a loved one has died and ask for some assistance. Their request is often simple...for example: "How do I access Mom's bank account now that she's gone? Her Will says I'm supposed to get it. Can I take the Will to the bank and get it transferred over to my name?" Unfortunately, it's not that simple.

Proving Undue Influence in a Will Contest

When a family member or loved one decides to challenge a Will (or a Trust) based on "undue influence," proof is often a challenge. Undue influence in executing a Will is not usually exercised openly in the presence of others. It is usually perpetrated in secret. Changes made to a person's estate plan due to undue influence are often hidden by the perpetrator. As a result, most of the time undue influence cannot be proven directly. In many instances, it must be proven by way of presumptions and indirect or circumstantial evidence.

The Unfunded Trust--All Dressed Up But the Only Place You're Going is to Probate!

There's an old expression: "All dressed up but nowhere to go!" This phrase has been interpreted to mean being completely prepared for an event that fails to materialize. This is sometimes true with persons who do a Revocable or Living Trust but fail to fund it. They are prepared to avoid probate but this objective--avoiding probate--fails to materialize because assets are not in the Trust at that time of death.

Email us for a response

We Can Resolve Your Legal Issues

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Location

14497 North Dale Mabry Hwy
Suite 160-N
Tampa, FL 33618

Phone: 813-280-0082 (AT)
Fax: 813-968-9426
Tampa Law Office Map