In Florida, the question of whether an attorney should charge fees based on the value of the home or land is a common one. The answer to this question depends on whether the Home is considered a homestead. A Florida Homestead is a constitutionally protected piece of property which is…
Articles Posted in Probate
What is a Personal Representative in Florida?
In Florida the personal representative is the person named in a will collect and distributed the assets of a person after death. In a Florida Probate this typically involves taking care of and real or personal property, paying legitimate outstanding bills and filing and paying taxes. Once the debts are…
FDIC Insurance $250,000 is only Temporary
The Emergency Economic Stabilization Act of 2008 temporarily raises the basic limit on federal deposit insurance coverage (FDIC) from $100,000 to $250,000 per depositor. WARNING the basic deposit insurance limit will return to $100,000 after December 31, 2009. The rise in insurance coverage applies to most trust accounts with no…
Free Florida Probate Forms? Do they exist?
Often after someone dies in Florida, their families look to save money and open handle the probate without the use of a lawyer. In some states this is permitted, but in most cases Florida does not permit an individual to represent themselves in a Probate Proceeding. This is why probate…
Probate of Will admitted to another state.
Sometimes it is necessary to admit a will in Florida when the original is not available because it was admitted in another state. The most common occurrence of this involves a Florida ancillary administrations. This is when the decedent lived in another state and there was an initial probate in…
When is an attorney required to represent the Personal Representative
In Jacksonville and around Florida an attorney is required under Florida Probate Rule 5.030 unless the personal representative remains the sole interested person. The attorney must be licensed to practice law in Florida. If you need a Jacksonville Probate lawyer or a Florida probate Attorney Contact us to see if…
How long does it take for a Summary Administration in Florida?
Short Answer: A Summary Administration probate usually takes just over 3 months but can take 6 or more depending on the circumstances. Long Answer: It depends on the facts and circumstances of each situation. In some areas of Florida the Judges require or allow for differing procedures this causes some…
Who can be a Florida personal representative?
In Florida what happens to a person’s assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent’s estate is dealt with under Florida’s Intestate statutes. Even if a Florida resident dies intestate, the decedent’s assets will be transferred to…
Florida probate law and dying without a will
In Florida what happens to persons assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent’s estate is dealt with under Florida’s Intestate statutes. Even if a Florida resident dies in intestate, the decedent’s assets will be transferred to…
Who presides in matters of Florida probate?
When a decedent’s assets go into probate in Florida the Florida Probate Case will be in the county court where the decedent maintained his or her domicile. Pursuant to Florida probate law a judge will normally decide and rule on the validity of a will. The judge will also rule…