We spend our lives working hard to accumulate assets we can pass down to our children and families after we die. Part of that hard work needs to include estate planning to ensure the property and assets we leave behind make it to our loved ones as intended
Category Archives: Estate Administration
Selling Estate Property During Probate and Estate Administration in Florida
Some people pass away leaving only their home or other real estate behind. Estates that are made up almost exclusively of real estate and personal items are subject to the same guidelines as any other estate.
How Assets are Distributed During Estate Administration in Florida
When a person passes away in Florida, there are a few ways their estate may be settled. During the estate administration process, the property and assets of a decedent are identified, collected, and distributed to their rightful beneficiaries.
Is Probate Required for All Florida Estates?
What may sound like a simple question is actually quite complex. The short answer is that probate is not always required after someone passes away in Florida.
The Role of an Attorney in the Florida Probate and Estate Administration Process
The process that occurs after someone passes away might include probate and/or trust administration. There’s always something that needs to be done. There are essentially three over-arching steps.
Preparing Your Personal Representative or Trustee to Administer Your Florida Estate
To ensure your will is carried out in agreement with your last wishes, you’ll need to appoint an executor (in Florida, this person is referred to as a personal representative). If you create a living trust, you must name a trustee to manage your trust and transfer assets to your beneficiaries.
Which Daughter Gets Mom’s Diamond Earrings?
The law firm answer…..it depends. Did mom leave written signed instructions? If she did, her personal property will be distributed according to her wishes. But if she did not let her wishes be known in a comprehensive estate plan, there could be dissention among the heirs.
Is the family/nominated Personal Representative/Trustee of a decedent required to hire the attorney who prepared the Will and/or Trust to administer the estate/trust?
The answer is NO. When a person dies leaving a Will and/or Trust, the nominated Personal Representative or Successor Trustee is not obligated to use the attorney who prepared the documents to administer the estate and/or trust.
Understanding the Probate Process: Why Probate is Not a Four-Letter Word
Probate is often thought of as a process that is best avoided. There certainly are situations in which probate is not necessary, but it is surprising for some to learn there are benefits which can only be gained by engaging in the probate process. In most cases, probate is an easy and straightforward process.
How Your Ex-Spouse Can Become Your Beneficiary
The scenario: Hank and Janice were married, had a daughter together, Elsie, and then got divorced. Hank died intestate, without a will, so pursuant to Florida law, Elsie was the beneficiary of his estate.