Taxation & Estate Planning

Do All Heirs Need to Consent to the Sale of the Homestead?

Posted on June 03, 2010
Florida Probate Question of the Day: My mom, thankfully still alive at age 85, has informed my sister and I that under the terms of her will, we split everything 50-50. There are no other heirs. Mom’s greatest asset is her house, which she owns free and clear (no mortgage)...

Don?t Be Foolish. Talk to a Probate Attorney First (even if it?s not me)!

Posted on May 24, 2010
This coming October will mark the 5th year that we have been intensely focused on Florida Probate Law. In these past five years, I have personally handled several hundred (maybe north of 1000) free consultations to people faced with the possibility of probate...

Happy Mother?s Day!

Posted on May 09, 2010
Just a few quotes reflecting on this special day: ?I want my children to have all the things I couldn’t afford. Then I want to move in with them.? – Phyllis Diller ?A mother’s love is patient and forgiving when all others are forsaking, it never fails or falters, even though the heart [...

The Search?for a Florida Probate Attorney

Posted on March 02, 2010
Enjoy and please rate the video here when finished: http://www.youtube.com/watch?v=nEeLqQkIdts Inspired by Google’s Superbowl Commercial, I had this video put together. It originally included many more search queries but had to be heavily edited for effect...

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Is my mother?s house protected from probate creditors?

Posted on February 05, 2010
Florida Probate Question of the Day I recently talked to a prosepective client about homestead laws in Florida.  Specifically: What happens to a decedent’s homestead in a Florida probate administration that has many or substantial creditors? I told him that I could secure a Homestead Protection Order so that his mother’s house would pass safely without worrying about [...

What happens to online accounts after you die?

Posted on January 02, 2010
We are an internet addicted society (guilty!) – so much so that some are willing to give up sex for online access. How many online accounts do you have? Gmail, Hotmail, Yahoo Mail, Facebook, MySpace, Twitter… Do you bank online? Do you use the bill payment feature (billpay)? How about PayPal? Google Checkout? Typically when a bank is notified about [...

Survey: Premium Webinar on Probate Administration

Posted on December 29, 2009
Over the last several months, I’ve had several requests to do a premium webinar about the probate administration process so I’m going to do one more survey to confirm interest.  We are debating the price point for “admission” which would include a Q&A session for those of you with burning questions about the process...

Unclaimed Money in the State of Florida

Posted on December 16, 2009
When I was in college, I opened up a checking account at Barnett Bank (which is now known as Wachovia) because (a) I got a free t-shirt and (b) my hometown bank did not have a branch in the town where I had moved. A few years after I graduated and moved on with my life, [...

Why Summary Administration is NOT always the best choice

Posted on November 13, 2009
In a nutshell, Summary Administration in Florida is a type of probate proceeding for small estates. To be eligible: The estate must contain less than $75,000 in non-exempt assets (typically, assets other than the decedent’s home) OR At least 2 years have passed since the date of death No brainer right? Not exactly...

A year ago on WeProbateFlorida.com

Posted on October 02, 2009
Time to get into the “wayback machine!” For your reading enjoyment, here are a handful of popular posts from past years on WeProbateFlorida.com. 2008 Florida Probate Forms – Where can I find them? How to ?prove? a Will in Florida Probate Court Florida Probate FAQ in under 60 seconds Florida Probate Tip #1: Read the Will carefully! 2007 Florida Probate [...

Florida probate ? Summary or Formal Administration? A simple analogy

Posted on July 27, 2009
Florida probate administration has two (2) primary types:  Summary Administration or Formal Administration So which do you choose?  The red pill or the blue pill? Neither. The analogy doesn’t really fit (I just liked the photo). Here’s a better analogy (I hope): Summary Administration is like a closet: Open closet door Reach in to grab what you need Close closet door Formal Administration [...

Do I have to probate the dog?

Posted on June 30, 2009
I don’t get a whole lot of questions about probating Sparky or Mr. Wigglesworth but make no mistake, pets are considered personal property and theoretically could be subject to probate. Certainly Florida probate courts have encountered animals in probate, but domestic house pets are often overlooked...

D?Oh! alert: Mom died, why are *you* paying HER credit card bill?

Posted on June 03, 2009
There seems to be a pattern developping lately where clients (and tire kickers) are apparently paying creditors out of pocket - that is - they are making say, credit card payments on behalf of the decedent before probate has even started! I can’t be sure if they were coerced by a collections agent or if they [...

Breaking News: Probate Court Filing Fees Increase Statewide

Posted on June 01, 2009
Filing fees for probate matters just went up along with a host of other clerk’s fees throughout the 67 Florida Counties. The increase took effect June 1, 2009. The fees below are from the Martin County Clerk of Court’s website but are representative of the fee increases in all Florida counties...

Florida Probate?s golden rule: Make nice or pay the price!

Posted on May 07, 2009
I have spent countless hours on any given week hearing about what the evil stepmother, wicked stepsister, deadbeat father and estranged spouse did to be undeserving of an inheritance. My response has always been the same. “Tough cookies” Florida Probate law does not care if your sister never visited mom at the nursing home...

The bank needs ?Letters of Administration? - Are you sure?

Posted on April 08, 2009
  While Florida probate administration may have many parallels to administration in other states, there are certainly some unique requirements and customs that are unique to Florida.  For example, many states have a proceeding refererred to as “small estate administration” while Florida’s rough equivalent is called “summary administration...

How Medicaid affects Florida Probate Administration

Posted on April 03, 2009
I’m sure you’ve heard of Medicaid - or is it Medicare?  It’s easy to confuse them. Medicare is health insurance for senior citizens who have worked and paid into their Medicare during their careers.  If you are employed, your paycheck is reduced a bit each time and put towards your Medicare...

Do I NEED a lawyer for probate in Florida?

Posted on February 16, 2009
99.99% of the time, the answer is yes. Generally speaking, a personal representative must have attorney representation before the probate courts in Florida. “But it’s a simple estate!  Just a house and a checking account!” Sorry, that’s not the criteria for a “simple estate” and it certainly doesn’t lay the groundwork for rules requiring representation...

Beware of the ?Foreclosure Rescue? or ?Loan Modification? SCAM!

Posted on December 31, 2008
Not exactly related to Florida probate, but there is a message here: If you’re inheriting a house that has a mortgage, beware the “foreclosure rescue scam” or the “loan modification scam”. Note: We do not handle foreclosure defense cases, though we do handle probate cases for properties facing foreclosure...

More than 2 years since the Date of Death? Probate that estate!

Posted on November 12, 2008
A little known fact about Florida probate law is that if more than 2 years have passed since the date of death, virtually all creditors claims are barred! Yes, barred - meaning, no can do. Though there are rare ocassions where claims can be enforced, it is simply that … rare...

Free download: ?Understanding the Florida Probate Process?

Posted on September 12, 2008
Don't have time to browse our website? Why not download our New and FREE ebook: "Understanding the Florida Probate Process"

Florida Probate Tip #1: Read the Will carefully!

Posted on August 29, 2008
No, I’m not starting a series on probate tips, but I do want to highlight this particular point. One of the biggest mistakes you can make as both the personal representative of the estate or as a Florida probate attorney, is reading the will too quickly or not reading it at all! I just completed a probate [...

Florida Probate FAQ in under 60 seconds

Posted on August 01, 2008
Here’s a quick list of questions we entertain quite often. (60 seconds is a stretch unless you read fast!) 10. What is probate anyways? The court process of paying off debts and distributing assets to a decedent’s heirs. 9.  My husband just died...

How to ?prove? a Will in Florida Probate Court

Posted on July 27, 2008
Anytime you have a testate estate (when there IS a Last Will), one of the first hurdles of probating that Will is “proving” it. Huh? Okay, where do I begin? There are invariably two kinds of Wills that come across my desk:  “Self-Proved” and NOT “Self-Proved”...

?Florida Probate Forms - Where can I find them??

Posted on April 27, 2008
You probably can’t find them. Even if you can, you are taking a huge risk. Why? In all but very small situtations, a personal representative (executor) must be represented by an ATTORNEY. (Not a Paralegal) I haven’t researched it recently, but the probable reason is that the probate system is vulnerable to fraud by claimants, heirs, personal [...

Florida Probate Forms - Where can I find them?

Posted on April 27, 2008
You probably can’t find them. Even if you can, you are taking a huge risk. Why? In all but very small situtations, a personal representative (executor) must be represented by an ATTORNEY. (Not a Paralegal) I haven’t researched it recently, but the probable reason is that the probate system is vulnerable to fraud by claimants, heirs, personal [...

?Wills in a Box? (or online) and the Problems they Pose in Florida probate

Posted on March 31, 2008
I have been working on a probate for a small parcel of land. The decedent evidently found a form for a simple Will (and I do mean simple) and filled in the blanks. This will would be typically found in your local office supply store or perhaps a book store with built in corporate [...

?Wills in a Box? (or online) and the Problems they Pose in Florida probate

Posted on March 31, 2008
I have been working on a probate for a small parcel of land. The decedent evidently found a form for a simple Will (and I do mean simple) and filled in the blanks. This will would be typically found in your local office supply store or perhaps a book store with built in corporate [...

Buying or Selling Probate Property in Florida?

Posted on December 21, 2007
Here’s just a bit of a primer for sellers and buyers of probate property (real estate) in Florida.  It’s only the nuts and bolts - bottom line - INQUIRE EARLY TO SEE PROBATE IS NECESSARY! For Sellers:  If you just inherited property in Florida and you’re looking to sell it, make sure your ducks are all in [...

Need to refinance mom?s house? You might need probate first!

Posted on November 04, 2007
I’m surprised at the number of requests I’ve been getting lately for “rush order” probates. Lately, it’s been for clients who are trying to refinance on the house mom or dad left to them. Once you “lock in” that interest rate, you’ve got X number of days to close the loan, correct? Well, if the real [...

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