Is Purchasing Property in Probate Difficult?

Whether you’re looking for your next family home or you’re interested in investing in real estate, probate properties present an attractive opportunity. Probate properties can be competitively priced, and in many cases, executors are motivated to sell and cross one more item off of their to-do list. However, there are difficulties that come with purchasing probate properties. Know what to expect so you can plan Read More

Probate Nightmare: How to Deal with Fighting Siblings Who Can’t Agree to Sell the Home

People often ask me how I can do probate work. They tell me of all the horror stories they have heard and how it can tear families apart. Often people tell me of their own personal experiences after losing a parent and how the parents had no Will or Trust in place and as a result, they fought for years with their siblings over who gets what. The sad truth is that this can happen. I have seen my fair share of probates Read More

Understanding Inheritance

There’s a lot to do when a loved one passes. On top of handling your own grief, you may have to make final arrangements, communicate with family members or friends, and handle legal affairs. The decedent’s estate is a high priority—prompt handling of the estate ensures that beneficiaries receive their intended inheritance. Several Ways to Inherit in Florida Depending on your loved one’s final arrangements, Read More

Two Things You (and Your Parents) Should Do Now to Avoid Having Their Home Go Through Probate

Most people are going to own a piece of real estate throughout their lifetime. They may own the home they live in, have a vacation home or have an investment property. Owning real estate is a dream most of us have. And many of us are fortunate enough to realize that dream. However, most of us do not think much about what happens to that real estate after we die. We may assume it will be passed on to our spouse or Read More

Probate 101: How to Locate Properties in Florida

One of the main jobs of an executor or personal representative is to create an inventory of the decedent’s property. With this information, the executor/personal representative can decide how assets are to be allotted among beneficiaries. As an executor or personal representative, there are several ways you can locate a decedent’s assets. Using the Will or Trust Many people start by looking at their loved one’s Read More

5 Reasons Probate Might Be Restarted

Handling a loved one’s estate after their death can be emotionally trying, and beyond that, it is often very time-consuming. While the probate process often goes very smoothly, especially with the help of an attorney, there are several situations that can cause the process to slow down or restart. Estate Tax Returns Taxes can add significant complications to estate proceedings, tying up funds and delaying Read More

A Brief Overview of the Florida Petition for Discharge and Final Accounting

The Petition for Discharge and Final Accounting is the last phase of the probate process and is important for Florida personal representatives to know about. In a formal administration, the personal representative is in charge of administering the assets of the deceased. They have a fiduciary duty to follow the wishes of the deceased if there was a Will and to do what is best for the estate. The personal Read More

6 Common Causes of Probate Disputes

When a loved one dies and they leave behind their assets (or “estate”), we often see problems arise during the probate process. Probate is the legal process in which the deceased’s estate is administered to their debtors, beneficiaries, and their heirs. As probate often involves the decedent’s family and money, the process can be contentious and can cause legal showdowns between the parties involved. With that said, Read More

Were You Named an Executor? 7 Reasons You Should Hire a Probate Lawyer to Help

The Executor (also known as the Personal Representative in Florida) of an estate is the individual in charge of administering a decedent’s estate. It’s not just a title either. The Executor is in charge of involved responsibilities from locating the assets in the estate to ensuring the decedent’s Will is followed in administering those assets. Usually, the testator (the person making the Will) will name the Read More

Understanding the Role of the Personal Representative

In Florida, the term “personal representative” is used instead of “administrator” or “executor” in the probate process. Put more simply, the personal representative is in charge of ensuring that the assets in the deceased person’s estate are properly resolved and closed. A personal representative can be a private entity, a bank, or an individual, and is appointed by the judge in probate court unless the decedent Read More