Understanding Elective Share in Florida: What You Need to Know
As a probate attorney, I frequently meet spouses who are surprised to learn that the provisions left for them in their deceased spouse’s will are not as ironclad as they might seem (or as he or she “promised” during their lifetime…eek). In Florida, if a surviving spouse feels that the amount left to them in […]
The Public Nature of Probate: Why Most of Your Estate’s Information is Public Record
As a probate attorney, one of the most frequent questions I receive is: “How much of my personal business will be made public in probate?” It’s a valid concern, and many people are surprised to learn that probate cases are, by default, part of the public record. This means that the details of your estate […]
7 Stages of a Probate Administration Case
In Florida, probate is the legal process through which a deceased person’s assets are distributed to heirs and beneficiaries, and debts are paid off. The process can vary depending on the complexity of the estate, but generally, there are seven general stages: 1. Filing the Petition – Initiation: The probate process begins by filing […]
Florida Powers of Attorney – Superpowers
Granting an agent authority with a durable power of attorney can be a useful tool for the elderly or for anyone who suffers from incapacitation. The agent is permitted to act on behalf of the person when they are unable to do so themselves. Common grants of authority include paying bills and signing documents. But […]
Does being named as Personal Representative in a Will avoid Probate?
Many people come to us and say “But I was designated as Personal Representative in the Will so we don’t need to open a probate case, right?” Unfortunately, the answer is “No.” Being named as a Personal Representative (also known as an executor or administrator) in a will does not avoid probate. A Will […]
Step-by-Step Process for Adjudication of Incapacity & Appointment of Guardian
One of the areas of law we practice is Guardianship. Initiating a Guardianship proceeding can be burdensome, confusing, and costly. It certainly helps to know what to expect. For the benefit of our clients (and as a resource to attorneys just starting out in the field), tere is a step-by-step guide to getting someone adjudicated […]