In Florida, the family home is protected by the state constitution and homesteaded property of a deceased family member is automatically inherited by the family at the time death, regardless of whether the loved one had a will or not. Just like it would have been during their lifetime, the home is shielded from claims…
Continue reading ›What is partition? Partition is a court ordered process for determining the interests of co-owners of real property. If the property cannot be divided, it is sold, and the proceeds are shared among the owners. Any one or more joint tenants, tenants in common, or coparceners can file a complaint for partition against their cotenants,…
Continue reading ›A caveat is a document that can be filed with the court by any interested party, such as a creditor of the deceased, who is concerned that a probate estate will be opened and administered or that a will may be admitted to probate without their knowledge. This document serves as a notice to the…
Continue reading ›When someone wants to start a probate estate, they must file a petition for administration. It is most often filed by the person seeking to be appointment as the personal representative. Who can file a Petition for Administration? The petition for administration may be filed by any “interested person”, per F.S. 733.202. The petition must…
Continue reading ›Case law is like a treasure trove of legal wisdom, built on the decisions made by judges in previous cases. Lawyers use it as their secret weapon when arguing for their clients in court. In this blog, we’re diving into some key case law rulings that might be super helpful. 1. Blew v. Blew, 358 So.3d…
Continue reading ›Order Admitting Will If the court grants the petition for administration and the petitioner proves the will’s execution satisfactorily, an order admitting the will to probate is entered. This order acknowledges the deceased’s will and mandates the issuance of letters to the personal representative upon taking an oath of office. It also stipulates that filing…
Continue reading ›In Florida intestate probates (intestate means when someone dies without a will), the court must determine the decedent’s heirs according to Florida Statutes (F.S.) 732.101-732.111. Any interested party can petition the court to identify the beneficiaries or their shares, as outlined in F.S. 733.105. Florida Probate Rules (Fla. Prob. R. 5.385) provide the necessary requirements…
Continue reading ›Probate’s main goal is to make sure all the deceased’s debts are paid off in a fair and organized way. The person in charge of the probate is called the personal representative. The personal representative must make every effort to provide actual notice of the probate proceeding to “known or reasonably ascertainable” creditors. This gives creditors a…
Continue reading ›A notice of administration is a formal document that is part of a Florida probate estate. It is prepared by the Personal Representative and lets interested people know their rights when someone dies. The notice of administration must be served promptly in the manner provided for service of formal notice (e.g. Certified Mail return receipt requested)…
Continue reading ›Personal representatives can be involved in various legal cases, especially those related to estates. The legal process involved with contested probate estates is termed “adversary proceedings”. In any legal action involving the estate or the rights of its beneficiaries, the personal representative of the estate is considered an interested party under Florida Statute § 731.201(23). What…
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