Florida Probate Legal Questions

In Florida, there are two main procedures for probate - summary administration and formal administration.  A probate estate is subject ot summary administration if the value of the assets subject to administration is less than $75,000 of non-exempt assets.  A person's homestead is an exempt asset, so its value is not used in the determination to allow use of summary administration. If you do not intend to sell the home for at least two years, then summary administration is satisfactory for the probate of a homestead.  If you think you may want to sell within two years, then you probably will want to elect a formal administration, even though a summary administration is sufficient. The reason for choosing a formal administration is to allow creditor claims to be dealt with in the probate so that a title insurance company can issue a clean title insurance policy when the home is sold. The filing fees and attorney's fees differ for formal administration and summary administration, as does the time needed for the completion of each.  A formal administration typically requires 6 to 8 months, at best, to complete the probate process.  A summary administration can be completed within a few weeks, typically.  Total costs for a summary administration, esepcially if there is only one asset, that is the homestead, typically will be $2,000 to $5,000.  For a formal administration, the cost of the probate will likely exceed $5,000.  Fees will vay depending on the area of the state in whcih your mother was a resident, or by the county in which the property is located. You should seek the counsel of an experienced probate attorney to handle this matter for you, since Florida law requires the assistance of a probate attorney when probating an estate with multiple beneficiaries. Good luck. Randy Coleman... Read Answer

A variety of factors influence the costs of an estate. Please see F.S. Section 733.6171 regarding compensation of attorney for the personal representative. This statute can be found at the following web site: http://www.leg.state.fl.us/Welcome/index.cfm?CFID=281097168&CFTOKEN=77818360 If you feel the retainer is too high, maybe you should get a quote from a different attorney. Astrid de Parry, P.A. 107 E. Church St. DeLand, FL (386) 736-1223... Read Answer

You have the right to do it yourself, if you are truly competent to draft legal papers.  Generally, most people create more problems for their beneficiaries by not having an experienced attorney draft the documents.  Assuming that your children are all adults, you can have a child removed and name only one child.  However, you should also specifically disinherit the child who is left out of the will.  Again, seek professional assistance.... Read Answer

If you suspect abuse call: Call Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). Press 2 to report suspected abuse, neglect or exploitation of the elderly or a vulnerable adult. This toll free number is available 24/7. In addition, you should consult with an elder law attorney where your father resides. It sounds like you may need to pursue guardianship proceedings. Astrid de Parry, P.A. (386) 736-1223... Read Answer

As your father's son, you can seek a guardianship in the county where he resides. Or you can seek to have a professional guardian appointed. You should consult with an elder law attorney in there area where you father resides. You might also consider calling the elder abuse hotline: Call Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). Press 2 to report suspected abuse, neglect or exploitation of the elderly or a vulnerable adult. This toll free number is available 24/7.... Read Answer

You should seek out an attorney who practices in the field of estate planning or probate. He or she can assist you with this issue. If the home was homestead, it passed to you by operation of law at the death of your husband. However, the interest you have in the home depends on how the home was titled. If the home was owned by you and your husband as "husband and wife," you have full possessory interest in the home. If it was in the sole name of your husband, but is homestead property, it may be that you hold a life estate in the property subject to a vested remainder interest held by your husband's children. You need to have the documents reviewed by an attorney. Astrid de Parry, P.A. (386) 736-1223 DeLand, FL... Read Answer

You will not be able to transfer title to the property to the three children without opening an estate. To administer an estate through the probate process, you need an attorney. You should consult with a probate attorney in the county where your mother was domiciled. Astrid de Parry, P.A. (386) 736 1223... Read Answer

Dear Florida, If you have not updated it since the 90s, it is probably time for a few revisions to be made.  The wonderful news is that you CAN write a new will and cancel the old one from the 90s in the language of the new one....wills are fully revocable (meaning changeable) while you are alive.  I understand your concern for not wanting the old one floating around out there though.  If you do write a new revised one, be sure to physically destroy the old one from the 90s upon its location.  Best of wishes to you.... Read Answer

Dear Florida, No.  No. No. Thank God, No.  A will is fully revocably (meaning it can be changed by you) up until the time you die.  Once you die, THEN it becomes irrevocable...binding as you stated.  Mailing your will to yourself just means you've got mail.  Best wishes to you.... Read Answer

It is possible; however, the attorney may not be aware of every bank account. Joint accounts and accounts with beneficiaries may not have been mentioned, or certain accounts may be part of the residuary estate. Locating and safeguarding estate assets will be the responsibility of the designated Personal Representative after your father dies. Astrid de Parry, P.A. (386) 736 1223 107 E Church St. DeLand, FL 32724... Read Answer