From the Blog
Protections From Creditor’s Claims in Probate
Florida Statute 732.403 provides information about who has the right to have specified property determined to be exempt from creditor’s claims.
What You Need to Know About Your Last Will and Testament
The help of an experienced attorney will help you avoid costly mistakes when drafting a Last Will and Testament.
If I Die Without a Will, Who Gets My Stuff? This Applies Only to Florida Residents and Florida Assets.
If you do not want the provisions of Florida’s intestate laws to apply to your estate, you can prevent them from applying by having an attorney prepare a Last Will and Testament for you to sign.
What is Probate? This Blog Applies to Florida Law Only.
Probate is an administrative proceeding conducted in the probate division of the circuit court where the deceased person had his/her permanent residence. The purpose is to ensure that all interested parties, including relatives who would inherit under the Florida law, beneficiaries named in a will, and creditors of the deceased, receive notice of the death and proceedings and have the opportunity to file claims or objections, to afford due process to all interested parties.
Possible Pitfalls Resulting From Recording a New Deed on Homestead Without Consulting an Attorney. This is Limited to Florida Law.
In my prior blog, it was noted that when title to real property is in the names of both husband and wife or in the name of the purchaser and his/her child or children as joint tenants with right of survivorship, the death of one does not require probate of the real property. Rushing to prepare and record a new deed to add joint owners without advice of an attorney can create more problems than it’s worth.
What To Do After The Funeral
Unless one has dealt with the death of a loved one before, few people know what should be done to manage the decedent’s assets. To determine whether action through the court is necessary, one needs to look at deeds to real property, bank records, stock records, life insurance policies, IRA’s and tax-deferred retirement accounts to see whether the assets are registered in the decedent’s name alone, or jointly with another, and if a surviving beneficiary is named in the life insurance policy and tax-deferred retirement accounts.