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…
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…
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…
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…
The answer is YES!!! If someone passes away without taking any steps to ensure their property passes to their loved ones outside of court, their property will need to be probated. This means that someone has to open a court case and ask a judge to distribute the property (or sell it in the estate).…
Your relative has passed away and your probate attorney has asked you for an original Death Certificate. Where do you get that? Do you have to go to downtown? Travel to Jacksonville? Pay someone to do this for you? This may be one of the most overwhelming moments in your life and something relatively…
I’m constantly in shock with how much bad advice there is out there and how many attorneys are practicing probate without knowing even the simplest of rules. Take this case I took over about a year ago… Names and identities have been changed to protect the *innocent*. A son and daughter lost their father. Let’s…
In Florida, homestead property is subject to special rules regarding distribution at death. If a person who owns homestead property dies, their surviving spouse may be entitled to a life estate in the property, depending on the circumstances. Under Florida law, if a person who owns homestead property dies and is survived by a spouse,…
In Florida, a surviving spouse has the right to elect to take a portion of the deceased spouse’s homestead property as a tenancy in common with the deceased spouse’s children, instead of taking a life estate in the entire property. There are so many statutes on this (Check them out HERE) so I’ll try to…
In some cases, the probate process in Florida can take as little as six months, but that is not the typical case. It usually takes anywhere from half a year to eighteen months, and complicated cases may take as long as two years or more. However, having an idea of how long a case may…
