Florida Probate Legal Questions

Hello, It is best to contact the attorney who prepared the will for your grandfather.  Also, you may contact the county clerk's office to see if a probate was filed for your grandfather in the county where he last resided.  Or, you may contact an attorney to assist you with this process.... Read More

If there has been no probate of your father's will, that should be done as soon as possible.  You will need to retain a probate attorney and you will need your father's original will to submit to the probate court. The probate can be completed fairly quickly since your father has been deceased for more than two years. Also, because the property was your father's homestead and he designated that your mother is the beneficiary of the homestead, you should be able to use a "summary administration" for the probate.  A summary administration is much quicker and less costly than a formal administration, but you will still need a probate lawyer. After you complete your father's probate and the home is in your mother's name, she should consider a will or trust of her own to ensure the real property is transferred at her passing to the person or persons that she wants to receive the property.  If she uses a will to transfer the property, then the property will need to go through probate at her passing.  If she uses a revocable living trust to transfer the property, there will be no need for probate and the property will automatically pass to her named beneficiaries upon her death.   Alternatively, your mother could use something called an "enhanced life estate deed."  An enhanced life estate deed allows her to provide for the transfer of the real property to the desired beneficiaries automatically at her death, without the necessity for probate.  Typically, she reserves the right to live in the home during her lifetime, and to change her mind so that she can sell the real property, mortgage, or give it to someone other than her children, or to some of her children, but not others, at anytime during her life time. The potential problem associated with the enhanced life estate deed arises upon your mother's death, if some or all of her children should die before she does.  With the enhanced life estate deed, you do not have the ability to change the ownership  after her death if circumstances should change. The use of the revocable trust allows you to avoid probate and to provide for the distribution of the asset after your mother's death.  The revocable trust also allows your mother to plan for any contingencies that might happen to her family members between the establishment of the trust and her death.  In short, the revocable trust provides the power to direct where assets go at your death, and also the mechanism to ensure that you have provided for any contingencies that might arise.  You have more control and certainty with the revocable trust. ... Read More

In Florida a will must be signed by two witnesses in addition to the person making the will.  The failure to have two witnesses will invalidate the last will.  If a will is invalid under Florida law, then the assets that are subject to probate must be distributed according to the Florida intestacy statute (F.S. 732.101 - 732.111). I suggest that you contact a Florida probate lawyer to assist you with the probate of the estate through the intestacy statute.... Read More

If the bank account is solely in the deceased person's name, and there is no payable on death designation for the bank account, then it will be necessary to probate the estate.  When the total value of all of the assets subject to probate is less than $75,000, there is a simple form of probate that is allowed by the Florida Probate Code, which is called "summary probate." A summary probate can be completed within a short period of time.  If there is a last will and testament, the terms of the will dictate where the funds in the bank account are to be distributed.  If there is no last will, then the distribution of the funds in the bank account will be determined by Florida's intestacy statute which is Section 732.101 through Section 732.111, Florida Statutes. Generally speaking, it is necessary to have a Florida probate lawyer handle a probate matter.  The person who is seeking the order from the probate court to turn over the funds in the bank account, must state, under oath, that all of the decedent's creditors have been paid. I suggest that you consult a probate lawyer in your local community to assist you with this matter.... Read More

Find yourself a lawyer who is either board-certified in wills, estates & trusts or in civil trial law. It appears from the few facts you provide that the estranged wife is going to try to have the existing will thrown out and an earlier will (which names her) be deemed your father's last will & testament.... Read More

If a Florida resident dies without a will, or if the will cannot be found, and owns any assets that are titled in the name of the deceased, then the estate is subject to probate as an intestate estate.  Probate is initiated by an interested person, either a family member or other non-family member person.  The interested person must hire a probate lawyer in Florida to represent them in the probate court. The probate lawyer files a Petition for Administration of the Intestate Estate.  Letters of Administration are issued by the probate court to the person who is appointed personal representative.  The personal representative, through the letters of administration, has the legal authority to collect the assets of the deceased person.  The personal representative must file an inventory with the probate court listing all of the assets that are titled to the name of the decedent.  Creditors of the estate must be paid. After paymnet of the creditors the remaining part of the estate is distributed to the heirs who are described in the intestacy statute. You can obtain more detailed information from a Florida probate attorney who can help you initiate and complete the probate process.  ... Read More

First, I'm assuming you and your business partner owned these as a corporate entity.  Next, I’m assuming on these facts you and your business partner never had an operating agreement, by-laws, or a partnership agreement (depending on the entity) drafted.  If you did, dust off the document and head to a lawyer’s office with it in hand – it should have the answer to your questions (and hopefully the protection you are looking for).  If you didn’t have something drafted, I'd say the ownership documents on the booths may have something in them potentially.  If not, the next place would be looking for hope in the FL statutes and case law.  That said, these situations get messy quickly if dealt with improperly.  I would highly suggest meeting with an attorney to see where you stand and, if possible, hire to help negotiate, defend, or whatever the case may be in the end.... Read More

In Florida there are two main types of probate:  (1) Summary probate administration and (2) Formal probate administration.  If the home was her homstead and the personal property is valued at less than $75,000, then a summary administration may be possible.  If the personal property exceeds $75,000 in value, or if the home was not her homestead, then it may be necessary to conduct a formal probate administration. A summary administration is relatively quick and much less burdensome. One issue that may arise with the summary administration relates to whether you intend on selling the property within two years of the date of your grandmother's death.  In that event, you may want elect a formal administration rather than a summary administration.  Many title insurance companies require the formal administration to ensure that there are no creditor claims that may create a cloud on title. Consultation with an experienced probate attorney can help you determine whether the use a summary administration or a formal administration. Generally, in Florida, it is necessary for the personal representative named in the last will and testament to retain an attorney to represent her in the probate court.... Read More

As you should be aware, in Florida there’s no legally recognized “common law marriage.”  So, if certain things are your belongings, then they shouldn’t be in his estate.  Upon death, the personal representative (which may or may not be appointed in the will), will have the duty of distributing the estate according to the will.  Whether the PR does it on his or her own or with the help of a probate attorney, the assets of the estate will be determined and then distributed according to the will.  If the assets (even furniture) to which he has ownership and isn’t not mentioned specifically, the PR may distribute it according to the various values or may liquidate the estate and distribute the proceeds according to the will’s directive distributions.  So, how do you protect your belongings you’ve shared with your boyfriend after death?  The issue comes down to ownership of the assets you share (and it can get more complicated than it may seem).  Speaking generally, under Florida law, you and your boyfriend are really just friends that live together (and that’s what makes it complicated).  Honestly, the issues that could arise and how best to deal with them are a bit too complicated to answer in a short post.  I would highly suggest making an appointment with a wills/estate planning attorney to discuss the situation and determine how best to create a plan.... Read More

Dont call me but call a local FLA lawyer for advice on FLA law. In PA, you could have a lawyer file a petition in court to get a copy. This is unfortunate if you have to go that far. I guess the will wasnt filed with the court after the death, otherwise you could copy it at the courthouse. ... Read More

All you need to state in the Will is that "I intentionally omit my son _____" from receiving anything under this Will."  Or, words to this effect. In an abundance of caution I recommend that you consult a probate attorney in your area. A simple will should cost you no more than $500.00.... Read More

Unless there is property to probate in Florida, probably not. If all the property is in NJ, the NJ lawyer may set it up so you get sworn in as executor in the FLA probate court, to save some travel time. THe FLA probate court then sends your papers and sends them to the NJ probate court who admits them and certifies you as executor. But needing a FLA lawyer with no proeprty down there, i don't think.... Read More

The law was changed in 2011 to limit the validity of "springing powers" to a power of attorney executed before October 1, 2011.  After that date, a power of attorney is effective when executed and may not be conditioned upon the occurrence of a future event or contingency.  Thus, you can no longer execute a valid power of attorney in Florida which becomes effective upon your incapacity.... Read More

Florida has no estate tax, nor inheritance tax.  The federal estate tax currently has an exemption from the tax for the first $5,250,000 of assets for each spouse, for a total of $10,500,000 for both spouses.  If your husband's asset total $1.5 million, then there will be no estate tax to be paid to the IRS.  All that you will need to do is transfer the assets to your name from your deceased husband's name.  Assuming the assets are titled in his name alone, it will be necessary for you to probate your husband's estate to get the assets transferred into your name. You should consult with an experienced Florida probate attorney to determine exactly what actions will be necessary to transfer title of the assets to you.... Read More