Getting Your Digital Ducks in a Row
Let’s be honest — estate planning isn’t exactly how most people want to spend a Sunday afternoon. But here’s the thing: getting organized now means making things so much easier later — for you and for the people you love. At its heart, estate planning is about taking care of yourself and your people. It’s […]
I Signed My Trust… Now What?
Congratulations! You’ve taken a huge step in securing your legacy and protecting your loved ones by getting your trust done. But before you pat yourself on the back and tuck that binder away for safekeeping (I know… I’m sorry), there are a few more things you have to check off your list before I can […]
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 […]
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). […]
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 […]
Am I Responsible for My Deceased Relative’s Debts?
When a relative passes away, there are a myriad of factors to think about. Among those concerns may be debt that relative still owed when they passed – but what becomes of that debt? The good news is, generally speaking, you will not be responsible for that debt. Such a debt would only attach to […]
To Probate or Not To Probate (and if so, which?)
Your relative has died. Now what? Do you need to open a probate case? What is a probate case? When someone passes away and they have left assets in their name alone (for more details on what needs to be probated, see our blog post: The Non-Probate Pail) you will likely need to open up […]
What Is a Personal Representative and What Does He/She Do?
When people think about Wills, the focus is usually on property: whether that is the house, money, cars, the old jewelry collection, or whatever else the deceased may have owned. While that is a big part of the story when it comes to estate planning, the person who is chosen to be personal representative can […]