Why do we even need probate when a landowner dies?
When an owner of real estate (houses or land) dies without having deeded the property over to someone while the owner was alive, probate orders of some kind are always needed. Why? Because there is no way for a buyer of the property, and the company which issues title insurance for the purchase, to know… read more
Handwritten Wills – What’s The Problem?
By: Katie White, Esq. (850) 202-8535 With the increased availability of forms and information online, we’ve also seen a rise in the number of handwritten (versus typed) Wills. If a Will is clear and sets out what you want to happen when you pass, then what does it matter if it is typed or written… read more
Probate Is So Expensive
By Katie White (850) 202-8535 At least, that is what everyone thinks. “The State will get it all”, or, “the attorney said I have to pay 3%” are also common things we hear during consultations. (The State doesn’t get anything in Florida, by the way.) For years, we have tried to educate potential clients about… read more
When A Beneficiary Dies Before Probate Ends
It happens sometimes. An heir at law or a beneficiary under a Last Will survives the decedent, and then dies before the probate administration is complete. What happens to that beneficiary’s share? The answer is clear, if you take it one step at a time. First, if there was a Last Will naming the beneficiary,… read more
A Deed Is Not Title
Probate deals with real property a lot – houses, condos, vacant lots, commercial buildings. Our clients often confuse the word “title” with “deed.” They will refer to a deed when they really mean title, as in “When does probate give me my deed?” One reason for the confusion is that, for motor vehicles, there is… read more
Why is a Mortgage Not a Debt That the Estate Must Pay?
“How come I still have to pay the mortgage on my parent’s house, that I inherited in probate, when the Last Will states that all debts of the estate are to be paid?” That is a question we get sometimes – and it’s a great question. Why is the mortgage not a debt that the… read more
Opening The Estate Account Takes Patience
By: Statewide Probate www.statewideprobate.com A client recently wrote, “….Just opened the estate account. Merciful heavens, childbirth was easier. Such a lengthy detailed process that took over an hour.” Yes, depending on the bank or credit union, and the particular branch, and the experience of the employee opening the account, it can take a while for… read more
Why Your Deed May Be No Good in My State
By Bruce A. McDonald www.statewideprobate.com The internet covers the world, and through it, people can find legal forms from all 50 of the United States. A deed good in California should be good in Florida, right? After all, it’s all one country, right? No, not true. We may live in the United States of America,… read more
Death Does Not Stop a Corporation or LLC
Besides taxes and liabilities, there is another good reason to incorporate a sole proprietorship: what happens when you die. There are often several good reasons to incorporate a business that is a “sole proprietorship” (one man or woman doing business or offering professional services). In addition to shielding against some liabilities and saving taxes in… read more
Grandchildren Inherit in Probate Unless Otherwise Stated
A common myth in Florida: in order to inherit from a parent, a child must survive the parent. In Florida, that is not true. A pre-deceased child does inherit when the parent dies but does so through their own children (in other words, through the grandchildren of the person who just died). Let’s say John,… read more