Florida Probate Question of the Day I recently talked to a prosepective client about homestead laws in Florida. Specifically: What happens to a decedent’s homestead in a Florida probate administration that has many or substantial creditors? I told him that I could secure a Homestead Protection Order so that his mother’s house would pass safely [...]
99.99% of the time, the answer is yes. Generally speaking, a personal representative must have attorney representation before the probate courts in Florida. “But it’s a simple estate! Just a house and a checking account!” Sorry, that’s not the criteria for a “simple estate” and it certainly doesn’t lay the groundwork for rules requiring representation. [...]
Here’s a quick list of questions we entertain quite often. (60 seconds is a stretch unless you read fast!) 10. What is probate anyways? The court process of paying off debts and distributing assets to a decedent’s heirs.
Here’s just a bit of a primer for sellers and buyers of probate property (real estate) in Florida. It’s only the nuts and bolts – bottom line – INQUIRE EARLY TO SEE PROBATE IS NECESSARY! For Sellers: If you just inherited property in Florida and you’re looking to sell it, make sure your ducks are [...]
I’m surprised at the number of requests I’ve been getting lately for “rush order” probates. Lately, it’s been for clients who are trying to refinance on the house mom or dad left to them. Once you “lock in” that interest rate, you’ve got X number of days to close the loan, correct? Well, if the [...]
Marie from Rochester, NY has turned her father’s house upside down and can’t find the Will. “Quick” Question: “My dad who ironically was an attorney, died and we can’t find his Will. We have no reason to believe that he wrote a Will other than the fact that he was an attorney and we find [...]
Janice from New Mexico wanted to know if probate was necessary to change title to real estate: “Quick” Question “My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed [...]
There’s been an influx of calls from prospective clients who are interested in the probate of a Florida timeshare. Timeshare interests are similar to any other real estate interest with regard to the purchase and sale formalities. A timeshare has a legal description and is/was transferred by deed. It is indeed an interest in real [...]
First, let’s ensure we have the lingo correct. Attorneys bill for “attorneys’ fees” and “costs.” Attorney’s fees are the professional service rendered. Generally, the options for fee structure include: hourly fees, flat fees or contingent fees. Costs (or expenses) are the costs associated with the administration of the probate case, i.e. postage, court filing costs/fees, [...]
Florida homestead is generally protected from the claims of creditors, even after death. It’s quite typical for clients to call me and tell me “all that mom left behind was some real estate.†My first question is always: “Was it her homestead? Her principal place of residence or domicle?â€Â
