Common Questions about Probate Answered by a Florida Probate Attorney
A: When a loved one passes away leaving assets in his or her individual name, those assets are often required to go through a court-managed process known as “probate” or “probate estate administration”. This process involves the managing and distribution of the decedent’s...
The Homestead Tax Exemption in Florida: A Comprehensive Overview
If you're a homeowner or prospective buyer in Florida, you're probably familiar with the State's homestead exemption laws – and for good reason. The Florida homestead tax exemption is a powerful tool that reduces tax liabilities for homeowners across the State. But what exactly is this exemption, and how does it work?
What Executors Need to Know About Florida Probate
The job of an estate executor (also known as the “personal representative”) comes with a long list of tasks that must be handled during the Florida probate process, and there can be legal repercussions if those tasks are handled incorrectly.
Once you have been appointed as executor, you are considered the responsible...
Clearing Title to Homestead Property with Summary Administration
In Florida, the two primary types of probate are formal administration and summary administration. Formal administration is the “standard” probate process where title to a decedent’s assets is cleared after the appointment of a personal representative and a full probate proceeding. Summary administration is the shortened form of probate and...
What is the Lady Bird Deed in Florida?
As one of a few states that recognizes a Lady Bird Deed, Florida offers a flexible option for your estate planning needs.
Among the most versatile tools in your Florida estate planning toolkit is the Lady Bird Deed. Like all types of deeds, it allows for the transfer...
How Estate Executors Can Successfully Navigate the Florida Probate Process
If you have been named the executor (a/k/a personal representative) of an estate, you will probably have some questions about your exact duties and responsibilities when it comes to the Florida probate process. In general, after your appointment by the probate court as executor, you are responsible for administrating the probate process...
Understanding the Requirements for Summary Administration under Florida Law
When someone passes away in Florida, their estate may need to undergo probate—the court-supervised process of distributing estate assets to heirs and paying the creditors of an estate. Probate may be required regardless of whether the deceased left a Last Will and Testament. The asset type and how it was titled at...
How to Take Title to Your Florida Property
When buying or inheriting a property, you need to think carefully about how you will take title (i.e., the legal right to own and use a property). Florida law allows for several ways to own a property, and each one has its pros and cons depending on your circumstances and what you...
What happens if you don’t have the original Last Will and Testament in a Florida Probate?
What do you do when the original Last Will and Testament is not available to be filed with the court during the Florida probate process? Imagine you're in this all-too familiar and difficult situation: Your dad has just passed away, and no matter how hard you search, you can't find his original...
The Consequences of Dying Without a Will: Navigating the Complexities of Intestacy Laws
The inevitability of death is a topic many prefer to avoid, but planning for the future is a responsible and necessary aspect of life. One crucial element of this planning is the creation of a Last Will & Testament (or a “Will” for short). Surprisingly, a significant number of individuals overlook or...