Probate

Potential Probate Issues When The Personal Representative May Become A Creditor Of The Estate

You just got appointed Personal Representative of an estate. Through the efforts of your probate attorney you now have authority to act regarding the estate pursuant to Letters of Administration being granted by the probate Judge. This is when you should always contact your ...

When is it necessary for a Florida Estate to go through Probate?

In Florida, there are three (3) options for a deceased person’s estate to be properly and legally disposed of: 

(1) Disposition without Administration

(2) Summary A...

Is Your Probate Estate Testate or Intestate?

When a Person dies in the State of Florida, it must be determined if there is an estate that will proceed through probate, and whether the estate is testate or intestate. An estate is testate when the person who died, had a l...

Can You Name a Minor as a Beneficiary in Your Florida Estate Plan?

Minors can be named as a beneficiary in your estate plan. However, they cannot legally own or take possession of the property until they reach the age of majority.  The age of majority in Florida is eighteen (18) years of age....

Selecting the right Attorney when you are the Designated Personal Representative

If you are accepting the responsibility of acting as a Personal Representative, you will want to seek the assistance of an experienced and knowledgeable probate and estate attorney. Often, you may obtain referrals from family, co-workers, acquaintances, or other profe...

When is a Florida Summary Administration Appropriate?

Summary Administration is a form of Florida probate that does not require the appointment of a Florida Personal Representative.  A Florida Summary Administration typically takes less time, and expense than a Formal Administrat...

What Is a Marital Settlement Agreement?

A Marital Settlement Agreement is a legal document wherein you include all your assets and debts; all children’s issues; child support; time sharing; parental responsibility; all real property; all businesses; and all personal property of the parties. This contract settles the case. The document t...

Breaking News Regarding Prenuptial Agreements

Hahamovitch v. Hahamovitch, 40 Fla. L. Weekly S477 (Sept. 10, 2015) Issue: Where a prenuptial agreement provides that neither spouse will ever claim any interest in the other spouses property, and states that each spouse shall be the sole owner of property purchased or acquired in his or her name...