Articles Posted in Probate

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Are you searching for Free Florida Probate Forms? In most Florida Probate cases the personal representative or executor must hire an attorney. While this is not necessary in some other states, the Florida laws require it. A Florida Probate Lawyer will be familiar with the rules of the probate process in Florida.

The Attorneys at Law Office of David M. Goldman PLLC can help you to understand the complicated forms that are associated with Florida Probate . Whether you are a personal representative, an executor, a creditor, or a beneficiary, we can help you file the correct paperwork and make sure that everything is done correctly so that the court will be able to grant what is being requested. A Florida Probate Lawyer can help you make sure you do not miss any of the steps necessary to be heard.

Your search for Florida probate forms stops here. Much of the information necessary for a successful Florida Probate can be found on this website.

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Is a Florida Probate required if the decedent had a living trust?

Most people do not transfer all of their assets into a Florida Revocable Trust prior to their death. If their home, or other personal property was not transferred into the trust prior to their death, a Florida Probate may still be required to properly dispose of the remaining assets. Often bank accounts, IRA’s, land, business interests, or other assets are not transferred property.

The probate will typically take the remaining assets and follow the instructions of the Florida Will to distribute them. If the will directs the assets to a trust it is called a Pour-over will.

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Matthew Gardner an Estate Planning Lawyer who writes the Iowa Estate Plan Blog has an article on a child conceived after death and how his state and Social Security treats this child as not being an heir of the decedent. The Iowa Probate Code and many states specify that in order to qualify as an “heir” under Iowa law, you must have been conceived prior to the death of the biological parent. You can see with recent medical advancements, this with become more of an issue as time goes on.

If you have a potential for future heirs after your death, you may consider the jurisdiction of your trust or estate to avoid or permit additional children to share in your estate.

Update:

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In Florida who can be a personal representative, or executor, of an estate?

1. The personal representative could be an individual, bank, or trust company, subject to certain restrictions.

2. An individual who is either a resident of Florida, or is a spouse, sibling, parent, child, or certain other close relative, can serve as personal representative.

3. A trust company incorporated under the laws of Florida, or a bank or savings and loan authorized and qualified to exercise fiduciary powers in Florida, can serve as personal representative.

The preference of who will be appointed as the Personal representative is determined first by who is nominated in a will left by the decedent and if there is not a valid will appointing someone who wishes to serve then the surviving spouse has preference with the second preference going to the person selected by a majority in interest of the heirs.

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In aFlorida Probate, where the decedent did not have a will, Florida’s intestate laws of succession define how property will be distributed between the person’s family members.

If there was a surviving spouse and no lineal descendants the spouse will receive everything in the decedent’s estate.

If there is no spouse but there are lineal descendants (children) then the estate is split equally between all surviving children. If a child predeceased their parent and had children of their own, that child’s share will be equally divided between his or her children (the decedent’s grandchildren). If the child that did not survive the parent did not have children, that child’s share will go to his or her siblings equally.

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In Florida, Probate assets are those items in the decedent’s name at death which contain no provision for automatic succession of ownership at death like those that are jointly owned or have a payable on death designation. For example:

1. bank accounts that is not a joint account, one held in trust for another, or those without a beneficiary,

2 real estate in the individuals sole name unless it is a homestead property and the decedent is survived by a spouse or children’

3 property owned by the decedent and spouse becomes subject to probate upon the death of the surviving spouse (subject to surviving descendants in the case of a homestead),

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will.jpgIn Florida, the custodian of a will is required to file the will with the court having jurisdiction over the decedent within 10 day of learning that the testator is dead. As Florida Probate Lawyers we often have clients who are wanting to see a family members will but are not provided with one. Although you may not have a right to get one from the custodian, you can require them to file it in the court and then obtain a copy with the court.

If the custodian refuses or delays in filing the testator’s will timely (within 10 days) you may file an action to require compliance with the Florida Statutes. In such a case, you are entitled to be reimbursed all costs, damages, and a reasonable attorney’s fees.

We often send demand letters for our clients requesting the will to be deposited with the court prior to filing actions on their behalf. If you would like to learn more about this and how you can obtain a Florida Will Contact a Florida Probate Attorney to discuss your situation.

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When deciding on a Florida Probate it is important to gather as much information as possible. We have developed a Florida Probate Intake Form. which helps individuals and their families involved in a Florida Probate gather and organize the information. Feel Free to download the Florida Probate Intake Form.

Update:
Jacksonville Probate Lawyer, David Goldman has put together a Florida Probate Handbook that is being offered free to readers and visitors of his websites. If you would like a copy, visit the Free Florida Probate Handbook web page, fill out the form, and one will be sent to you within 24 hours by email.

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duval-court-old.jpgA Summary Administration in Florida is an abbreviated Florida Probate proceeding where estates with assets of less than $75,000 or those where the decedent has been dead for more than 2 years can simplify the probate process. We often find that the families of people who die with a home or other property do not properly administer their loved one’s estate at the time of death and must go back to clear up the title so that the property can be sold or transferred properly at some later date.

When a piece of real property is involved in the estate, we have to ask the court to determine if the property is protected as a Florida Homestead or is subject to the claims of creditors. Once this determination is made the property can be transferred properly.

If you need help clearing up the title of a home or property located in Florida that belonged to a person who died, we can help with a Florida Summary Administration, please Contact a Florida Probate Lawyer for more information on this process.

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Often the decision of whether to use a Florida Will or Florida Revocable Trust depends on issues surrounding distribution of assets, disability, and death. This summary of issues should help you determine which is best for your circumstances.

Privacy

What happens with a Will No privacy. All documents and proceedings after death are public.

What happens with a trust Totally private unless court intervention is required, usually due to improper drafting or lack of funding.

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