You can pass your Brevard County home directly to your loved ones and skip probate court by using a Florida lady bird deed. Protecting your primary residence is a top priority when planning for the future of your family. This legal tool, which functions as a...
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Probate & Estate Administration
How changes in Florida law have impacted the probate process
Probate statutes in Florida determine what happens after someone dies. Probate statutes determine what happens to the property of people who die without estate plans. They establish a threshold for summary proceedings for smaller estates. The law gives creditors a...
Common disputes that may arise during estate and trust administration
Estate administration can be a lengthy process. Especially if someone has significant personal property and financial obligations. It can take months to complete the probate process. Estate or trust administration can become even more difficult and protracted if...
How personal debts can impact probate proceedings in Florida
The probate process is often necessary for sizable estates in Florida. Those with property worth thousands of dollars (or more) and/or real estate in their names when they die will usually need to have their assets pass through probate court before their loved ones...
3 common reasons people initiate a probate lawsuit
Most probate hearings simply function as part of the technical process of estate administration. The courts review paperwork and sign off on important transactions to help ensure compliance both with state law and the wishes of deceased individuals. Sometimes, though,...
Simple probate: Summary administration
Probate administration is fairly straightforward in most cases. It’s a legal process that allows you to transfer property out of a deceased person’s estate and to pass it on to those entitled to an inheritance. Probate is also known as estate administration in...
When does an estate require its own tax return?
As the executor of an estate, you have to handle a lot of responsibilities for someone else. You need to reach out to all of their creditors and distribute their assets out to their family members. You also have an obligation to file their last tax return and...
3 frustrating probate issues and how to avoid them
Dying without a will puts your family in a difficult position. It now has to go through probate, which means going to court during a stressful time in your loved ones’ lives. It also means spending more money on court and legal support, and it means that there could...
How long does an executor have to worry about debts during probate?
One of the most important obligations an executor has to an estate is the repayment of debts. In fact, if you make mistakes with how you handle property in an estate, those owed money by the deceased can hold you responsible as the executor in some circumstances....
What you need to do about an executor’s fiduciary duties
The executor of an estate has many responsibilities, known as their fiduciary duties. An executor must always act in accordance with the deceased's wishes, and for the benefit of the estate and its heirs. It's important to understand the role the executor plays in...