What is a Letter of Intent? (And Why You Might Want One in Your Estate Plan)
Imagine this: You spend years building a legacy, carefully planning for your family’s future, and setting up a trust to provide for them. But what if, after you’re gone, your loved ones and trustees aren’t quite sure how you wanted things to play out? That’s where a Letter of Intent (LOI) comes in—a thoughtful, non-binding […]
The Estate Planning Journey
The majority of my clients come to me as pupils… not knowing what they don’t know and eager to better understand the ins and outs of planning their demise. Sounds morbid, I know, but it’s also a part of life, and honestly, part of what makes living so beautiful is knowing there will be an […]
Understanding Elective Share in Florida: What You Need to Know
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 […]
The Public Nature of Probate: Why Most of Your Estate’s Information is Public Record
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 […]
7 Stages of a Probate Administration Case
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 […]
Does being named as Personal Representative in a Will avoid Probate?
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 […]
Do I really care if the property ends up in Probate?
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). […]
Can we sell the property in Probate??
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 […]
Elective Share… What do I get??
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 […]
How Long Does Probate Take?
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 […]