Estates and Wills and Posthumous Conception
There was an interesting case in Florida Law Weekly regarding a child conceived by in vitro fertilization after decedent death. In this case, the child was not entitled to take from the decedent’s estate because the decedent’s will did not provide for the child. The Florida Supreme Court found that the term “provided for” as […]
How is Your Account Titled in the Orlando, Florida Area?
How your account is titled in your Orlando, Florida case can have significant ramifications on how it will be disposed of and disbursed at your death. Is the bank account an account of convenience? Or is the account a multiparty account with right of survivorship? Be careful how your bank accounts are titled. How the […]
Things to Do When Your Loved One Passes in the Orlando, Florida Area
Your loved one has passed in the Orlando, Florida area. You may be distraught. You are emotionally drained. However, you know there are things that must be done. What do you need to do? Obtain Death Certificates You need to handle all arrangements for final burial or cremation. For probate administration in probate court you […]
Being a Personal Representative in the Orlando, Florida Area
A friend or loved has died Testate, leaving a Will. You are named as the Personal Representative in the Will. What do you do? As a Personal Representative, you have the authority to hire an attorney to represent you in the position as Personal Representative. The statute dealing with this is Florida Statute 733.612(19). Hiring […]
What is an Ancillary Estate in the Orlando, Florida Area?
An Ancillary Estate in the Orlando, Florida Area is an Estate that you open in Florida when a resident of another state dies and owns a house in Florida. The Will is probated where the decedent resides. However, if a decedent whose Will is being probated in another state has property in Florida, then there […]
Probate Administration in the Orlando, Florida Area
Your loved one has died. What do you do next? Do they have a will, or do they not have a will? If they have a will, then they died Testate. If they do not have a will, then they died Intestate. First and foremost, are there accounts payable at death to a party that will […]
What Is an Ancillary Estate in the Orlando, Florida Area?
An ancillary estate in the Orlando, Florida area is an estate wherein a nonresident of the State of Florida dies, leaving assets in the state, credits due from residents in the state, or liens on property in the State of Florida. How an Ancillary Estate Works A personal representative specifically designated in the decedent’s will […]
Who is Eligible to Be a Personal Representative of an Estate in the Orlando, Florida Area?
Florida Statute 733.302 provides general guidelines on who may be appointed as a personal representative. This statute says that, subject to the limitations in this part, any person who is sui juris (of age) and is a resident of Florida at the time of the death of the person whose estate is to be administered […]
Did You Know You Can Now Use the Collaborative Process in Probate Disputes?
In Florida, the Collaborative Process became law in 2017. Participants have been using the process since then in the Marital and Family Law area to resolve cases in a more amicable, less stressful, less contentious, and more economical way. The process is now available for Probate disputes. A New Approach to Probate Cases Cady L. Huss, Spivey […]
Updates to Florida Probate Rules
The Florida Supreme Court adopted the Florida Bar’s Probate Rules Committee recommended changes to Florida Bar’s Probate Rules. What does this mean? It means there are now new laws regarding the Probate Administration of an Estate. Why these rules are important If you or a loved one need to probate a loved one’s estate, then […]