Executors

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

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The Function of the Florida Personal Representative in Florida Wrongful Death Cases

For many years, Florida personal representatives have had an important role in the prosecution of a wrongful death case, because he or she is charged by Florida statute with the duty of pursuing claims on behalf of both the estate and the survivors. Allocation of any settlement between such survivors and the estate can be… read more

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Hazard Insurance: Can’t live with it, can’t live without it

It’s already peak season for storms this year. We’ve been lucky so far, but it’s time to think about hazard insurance on any Florida real you are now responsible for due to a recent inheritance. Where real property is being managed by the Personal Representative of a Florida estate, that person is often faced with… read more

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Uncovering what your relative left, and to whom

When a loved one dies, what can you conclude from their bank or financial account statements? Not much. With increasing frequency, people are setting up bank accounts and investment accounts with a “designation of beneficiary” to transfer on death (TOD). Those stocks or funds do not go through probate. So if the next-of-kin or designated… read more

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Taking Care of a Florida Home During Probate

Many estates involve the decedent’s home, which passes to their children or other relatives who live in different states. It often poses a challenge to the beneficiaries to now have an additional house to take care of, and we want to share some useful tips for the new owners. First, be sure the power is… read more

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Title Insurance: What you need to be protected

Title insurance is important coverage to consider when you purchase or inherit any real estate in Florida Florida law is clear that claims against an estate are barred (prohibited) two years after the date of death. Florida law is also clear that, with limited exceptions, one cannot directly sue the insurance company of another. You… read more

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Practical tips for personal representatives of Florida estates

Here are a few tips for someone who finds themself suddenly faced with the overwhelming task of handling a probate estate in Florida: 1) Have their mail forwarded to your house. You should go through each piece of mail to assist you in identifying all of the creditors and assets of the Florida Estate. Keep… read more

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Why Trustees Open a Florida Probate Administration

One of the big reasons one would consider setting up a Living Trust (technically called “inter vivos trust,” meaning a trust created while you are alive) is to avoid a probate administration after your death. By correctly titling all of your assets (except for personal effects, cash and other assets which are not “titled”) in… read more

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Top Five Mistakes in Florida Wills

#5 Unqualified Executor – This is a common mistake because most states have no residency requirement for executors. A Personal Representative (“PR”) in Florida must be either a Florida resident or related to the decedent, within the prescribed range, by blood or marriage. Many retirees and snowbirds get caught on this problem when they name… read more

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Finally, a book to recommend

People often ask us if we can recommend estate administration or estate planning services, software or books, and we’ve been looking, honestly. Sadly, the answer is usually “no.” Florida law has just enough oddities that anything written for a national audience almost always fails to spot all the places where Florida law differs. But we’re… read more

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