What is Summary Administration?
Summary administration is a shortened form of the Probate process that does not require an appointment of a personal representative. When you are handling the transfer of an estate that is worth $75,000.00 or less, you can petition for a summary administration and avoid the formal probate process. When an estate is eligible for summary
Funding Your Revocable Trust
One of the main purposes of a Revocable Trust is to avoid the probate process when you pass away. Avoiding probate is desirable for many families because it is a time-consuming and expensive process. However, if there is nothing in your Revocable Trust, then it is probably not doing you much good. It is important
What is an Affidavit of Heirs in Florida Probate?
In Florida, when an individual dies without a will, the person is said to have died “intestate”. Under these circumstances, Florida’s intestacy laws govern who will inherit the deceased person’s property and other assets. Generally, under Florida’s intestacy laws, assets which are not distributed through a will are inherited to the decedent’s heirs. So how
Objecting to Probate
While grieving the loss of a family member, close friend, or loved one, the last thing one wants to do is deal with the court system in order to distribute their assets. However, Florida law requires that a decedent’s estate go through probate so that their assets may be properly distributed. Unfortunately, in some cases
Can an Irrevocable Trust be Modified Under Florida Law?
The short answer is, yes. – An irrevocable trust is a trust agreement that is generally not subject to revocation or modification once the agreement has been executed and the trust is funded. There are exceptions that may allow you to change the terms of an irrevocable trust. In any trust there are three main
Are a Person’s Remains Estate Property?
When someone passes away it is not uncommon for disputes to arise amongst family members over who will get what assets and how property will be distributed. Issues may also arise regarding what will happen to the deceased’s remains. Prior to 2016, Florida law was not well equipped to deal with such disputes. In 2014,
What is the Difference between a Will and a Trust?
Wills and Trusts are two different ways you can assure that your estate is transferred according to your wishes upon your death. What is a Will? A will is a legal document that lays out how you want your assets to be handled and distributed after you die. A will is crucial to estate planning
Alternatives to Guardianship
In Florida, guardianship gives the appointed guardian legal authority to make important decisions on behalf of an incapacitated person who is unable to make those decisions on their own. Generally, the guardian will be making decisions regarding money, handling property and healthcare. However, guardianship is a long and intrusive process. It requires much court intervention
Guardianship In Florida
A guardianship is a legal process where an individual (the guardian) is given the authority to exercise the rights of an incapacitated person (ward). A guardian could be an entity such as a non-profit organization or in some cases an incapacitated person may have more than one guardian. Before being appointed as guardian over a