There are to main types of probate administration in Florida: summary administration and formal administration. Summary administration can only be used when the total value of decedent’s assets subject to probate are $75,000 or less, or when the decedent has been dead for more than two years. Formal administration is…
Using a Durable Power of Attorney in Florida When you have been appointed as an agent by a person to act as an attorney-in-fact for that person, you must keep three important ideas in mind. Agent Authority Because you are acting as an agent, you are obligated to either act…
The management of a revocable living trust is intended to be a simple, private, inexpensive matter handled by the Settlor and those people the Settlor chooses, without court intervention. It is always a good idea to seek professional advice when taking over the management of another persons trust. Generally the…
Below is a summary of the more common ways that property is transferred in the state of Florida when someone dies. Somebody just died leaving you an interest in a piece of property. To reclaim your interest in the property you must prove that you own it by documenting the…
When someone dies, his or her assets will not necessarily be distributed automatically to those entitled to them. If a person dies with a Will that devises his or her assets to you, then probate is necessary to carry out the instructions of the Will. Similarly, probate becomes necessary when…
When a person cannot take care of himself or herself, a court may appoint a guardian to take care of that person and/or that person’s affairs. The person appointed a guardian is known as “ward.” A guardian has the powers and duties stated in Florida Statutes section 744.361. The Ward…
What is Guardianship? Guardianship is a legal process in which the circuit court appoints someone to protect and exercise the legal rights of an incapacitated person. A person is incapacitated if it is judicially determined that the person lacks capacity to manage at least some of his or her property,…
We often get questions regarding the creation of Pet Trusts in Florida. Florida Statutes have provided for pet trusts for many years but they do not always make sense. I have attached a document which you can use to help gather information that will be necessary to determine if a…
You can transfer ownership of your real estate property through probate, or by signing an instrument known as a deed.1 Using a deed to transfer ownership of your real estate allows you to bypass probate, but there are some risks associated with this alternative. This blog discusses the advantages and…
What happens if I die without a will in Florida? Florida probate law has changed recently with regard to people who die intestate (without a will) and are married. If you have no descendants, your entire intestate estate will go to your spouse. This does not typically include your home…