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Showing 11–20 of 31 articles in Estate Administration
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Estate Administration•Jul 28, 2023•By Cynthia I. Waisman

What is a living will?

When it comes to setting up an estate plan in Florida, you are probably familiar with some of the more common documents, such as a will or power of attorney. However, you may have heard of something called a living will and wonder what it is and if it is different from a regular will…

Estate Administration•May 19, 2023•By Cynthia I. Waisman

Probate asset inventory and distribution

When a person passes away in Florida and has a will, probate is the legal process that takes place to transfer their assets to their beneficiaries. Beneficiaries are the people or entities the deceased person named in the will. Probate overview The process begins when a petition is filed with the court in the county…

Estate Administration•Apr 24, 2023•By Cynthia I. Waisman

What is a lady bird deed?

You may have heard the term Lady Bird deed and wonder what exactly it is and how it differs from a regular deed. A lady bird deed is a deed with a life estate. It is also sometimes called an enhanced life estate deed. It lets a property owner maintain control of a piece of…

Estate Administration•Mar 28, 2023•By Cynthia I. Waisman

Formal and summary probate administration

Probate is the necessary legal process to distribute the deceased’s property to any beneficiaries named in a will or according to Florida’s intestate succession laws. It can be a long process, but it does not have to be as long as many people think. There are two main types of probate. There is formal administration…

Estate Administration•Mar 15, 2023•By Cynthia I. Waisman

Know the time limits to object after notice of administration

In Florida, probate and estate administration has many layers and responsibilities to the personal representative. One of the key roles is serving a notice of administration on specific people. This is critical because if there are issues with the estate plan and a person wants to file an objection for any reason, there is a…

Estate Administration•Jan 23, 2023•By Cynthia I. Waisman

Florida’s elective share protects spouses from being disinherited

Prior to the enactment of elective share laws in Florida, a surviving spouse could be totally disinherited by the other spouse. This could be done on purpose through a will or trust, or it could be the result of a mistake in a will or poor advice. To avoid these unfair consequences, Florida enacted elective…

Estate Administration•Dec 16, 2022•By Cynthia I. Waisman

Handling probate proceedings in Florida

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 in Florida. One is formal administration…

Estate Administration•Nov 29, 2022•By Cynthia I. Waisman

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 Deeds? If the name sounds familiar, it should; it…

Estate Administration•Jul 19, 2022•By Cynthia I. Waisman

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 not have sufficient or any guardian…

Estate Administration•Jun 28, 2022•By Cynthia I. Waisman

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 property that was left to them. For a personal representative, this type of situation can be…