Category Archives: Common Florida Probate Questions

Is my mother’s house protected from probate creditors?

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 without worrying about [...]

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Do I NEED a lawyer for probate in Florida?

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 the primary rule:
Every guardian [...]

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Florida Probate FAQ in under 60 seconds

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.

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Buying or Selling Probate Property in Florida?

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 [...]

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Need to refinance mom’s house? You might need probate first!

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 real [...]

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