When a family member has passed away, it can be an emotional, stressful period of time. In addition to grieving, you may also need to help the decedent’s estate go through probate. The process of putting a will through probate, or, if there was no will, working with the probate court is complex and can take anywhere from months to years, depending on the size of the estate and any hurdles encountered along the way.  Under Florida law, you are required to hire an attorney to assist you with the probate process in most situations. An attorney is not legally required in the following situati ..read more

What Is Probate? Probate is a legal process that occurs when someone passes away. The probate process validates a will (if there is one) and works to distribute the decedent’s assets in the appropriate manner. The probate process can take anywhere from months to years and is really dependent upon how complex the estate at hand is. Throughout the probate process, there are several processes, procedures, and deadlines that may feel complex and overwhelming. Often, at these points is where you will determine if you need a Florida probate lawyer. What Is a Probate Lawyer and What Do They Do? A pro ..read more

Wills and trusts allow an individual to proscribe what will happen to their property after death. Unfortunately, people take advantage of ill or older adults to manipulate their estate planning documents to benefit themselves. Under Florida law, this manipulation is called undue influence, and it’s a common reason why someone may contest a will or trust.  Undue influence is complicated to prove and requires more than a hunch or gut feeling. You need solid evidence showing not only that undue influence was present but that it impacted the distribution of assets. If you are concerned that a ..read more

In Florida, every estate that goes through the probate process must have a representative. That representative may be an individual, a bank, or a private entity. In many cases, a person names a representative in his or her will. However, if a decedent fails to designate an estate representative in his or her will, the probate court judge will determine who fills this role. Except for cases in which an estate’s representative is the sole interested person in a probate proceeding, every estate representative in Florida is required by law to be represented by an attorney. Aside from this requirem ..read more

A last will and testament is created to ensure that a person’s final wishes are carried out after he or she passes away. Ideally, the creator of a will, also called a testator, will have a plan in place for keeping the will safe, and only the personal representative and a few other trusted individuals should know the location of the will. Common ways that testators keep their wills safe and secure include: Leaving the original will in the possession of the probate attorney who prepared it; Keeping the original will in a safe deposit box; and Placing the original will in a lockbox or safe at h ..read more

Probate is a legal process that identifies and gathers the decedent’s (i.e., a deceased person) assets, pays the decedent’s debts, and distributes the decedent’s assets to his or her beneficiaries. There are two types of probate administration in Florida: summary administration and formal administration. Summary administration is a simplified probate process that is available when a decedent has been dead for more than two years and all the decedent’s creditors are barred from recovering his or her estate. Formal administration is Florida’s traditional form of probate and is the primary focus ..read more

Serving as personal representative for a Florida estate is a big responsibility. Those who have been appointed personal representative are often concerned about the level of obligation involved. That includes many elements. Some personal representatives are worried about the amount of time required to carry out their duties. Others aren’t sure they have the skills and knowledge necessary to tackle the role. Another significant area of concern for many personal representatives is potential liability associated with their role. Whether or not a personal representative is individually responsible ..read more

Serving as a personal representative for a loved one’s estate can be a challenge. Many people who serve as administrators have no experience in that role, and don’t know what to expect. Fortunately, the personal representative isn’t expected to figure it out on his or her own. In fact, with limited exceptions, Florida law requires the personal representative to retain an attorney. Understanding How Probate Fees Are Determined Working with an experienced probate attorney takes a lot of the burden off of the personal representative and helps ensure that the process is handled correctly and ..read more

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