When you die, your estate will go through probate. Probate is the legal process in which your property is passed on to your heirs. Your estate will go through probate if you have a will or if you die intestate (without a will). There are two basic probate proceedings...
Estate Administration
Probate—Lady Bird Deeds
When estate planning, probate is a four-letter word. You want to avoid it, if at all possible. Why? Because it is essentially litigation, which, as we all know, is expensive. And, one such way to avoid Tampa, Florida, probate is through Lady Bird Deeds. Lady Bird...
What if my online will did not include a guardian?
Have you done an online will? If so, you were probably surprised with the ease and the low cost. However, what you may not know is that your new estate plan is likely incomplete. Specifically, it likely lacks any Florida trust instruments, and if you have kids, it may...
What happens to unclaimed estate property?
A personal representative for a Florida estate has several responsibilities, including identifying and locating heirs, distributing assets, paying debts and filing taxes. There are times when heirs cannot be located, or after being located, they refuse to receive the...
Estate administration and taxes
Estate administrators have important duties after a person dies. In addition to paying debts and distributing assets, administrators must also take care of the federal taxes of the decedent and their estate. General duties Probate and estate administration duties...
Defeating a claim of undue influence in the making of a will
One of the most effective methods of challenging a will in Florida is to prove that one or more beneficiaries exercised undue influence over the maker with the intent of receiving favorable treatment in the will. Defending against such an allegation can be difficult,...
Can a minor child inherit or be awarded a large sum of money?
Many parents leave money to their children in their will. And while the parents may expect that they will be alive as their child grows into adulthood and beyond, sadly sometimes parents pass away before their child is grown. This means that the child will inherit per...
Estate executors may face lawsuits for breaching duties
When a person passes away, an executor will step in to administer the estate of the decedent (deceased) and act on the estate’s behalf. Executors are often responsible for several tasks including: identify and manage estate assets File the will Pay debts File tax...
What exactly does a personal representative do?
When Florida residents die without a will, their estate must go through the probate process. As part of this process, a personal representative is appointed. A personal representative is typically a close family member, but it may also be an institution, such as a...
Understanding ancillary probate in Florida
For Florida residents, estate planning is essential for many reasons. Fundamentally, having a comprehensive estate plan will protect the person’s loved ones and ensure that the assets go where the person – the testator – wants them to. They certainly do not want to...