Blog: Probate
Florida Probate: What if there is no Will?
If a person dies without a Will (or if the Will is invalid), then the estate is “intestate”. This simply means that Florida law dictates the decedent’s heirs and who is entitled to administer the estate, i.e., be the personal representative/executor. If someone dies...
Florida Probate & Estate Planning: What is a Will?
A will in Florida is a writing, signed by the decedent and two witnesses, that meets the requirements of Florida law. Additionally, to save your estate costs at your death, the Will should have a “self-proving affidavit” where both the decedent and the witnesses sign...
Why must the decedent’s assets go through Florida probate?
is necessary in order to pass title or ownership of an asset to the decedent’s beneficiaries. If the decedent died with a Florida Will, this is called a “testate” estate and the Will dictates who gets the assets and who gets to administer the estate. If the decedent...
I was on my parent’s bank account – does this have to go through probate?
That depends on how the bank account was titled. Assets must go through Florida probate only if they are owned solely in the decedent’s name at death. In other words, there were no co-owners on the asset nor were there beneficiary designations (such as with life...
What is Probate? Florida Probate Answers Revealed
What is probate? Probate in Florida is a court-supervised process where assets of a deceased person (the decedent) are identified and gathered by the personal representative/executor (means the same thing). Essentially, the personal representative pays the decedent’s...
Is a Durable Power of Attorney useful after someone dies?
Durable Power of Attorney: can it be used after death? I had a client call me last month after her mother passed away. She wanted to know why she couldn’t use the Florida durable power of attorney (DPOA) she had for her mother to close out a bank...
The Tax Relief Act of 2010 – How Does it Affect You?
On December 17, 2010, President Obama signed into law the 2010 Tax Relief Act which has provisions dealing with income tax, estate tax and unemployment insurance provisions. What is important about this new law is that it is a temporary measure and, for the most...
Florida Probate: Does Probate Law require you to hire a Florida Probate Attorney?
By Melanie WaltersClick here for original article. In almost all cases, Florida probate law requires that a Florida probate attorney to be involved in the administering of the estate. There are very few exceptions to this probate law so it's in your best interest to...