Children’s inheritances are subject to specific laws to ensure that they are protected. Florida Statute section 744.301 provides that a child’s natural guardians may collect an inheritance up to $15,000.00 dollars for the minor. For an inheritance over $15,000.00 a guardian of the property should be...
Careful planning during your lifetime can allow your family to avoid probate upon your death. This allows assets to be available immediately, free from creditor’s claims. Some tools for avoiding probate are simple and free, while others are more complex and require the help of...
Summary estate administration generally takes around 8 weeks to complete in an uncontested case. This can vary depending on the law firm handling the case, the parties involved, and the court the case is filed in. In a formal estate administration, it typically takes around 4-6...
The cost of an estate administration will vary depending on the size and complexity of the estate. Our firm charges flat fees between $1500 and $6000 for probate administration in Florida. We charge flat fees so that clients know exactly what the total cost of...
Hiring the right probate lawyer can be the difference between a smooth estate administration and a nightmare. Mistakes can exacerbate the already stressful process of resolving the affairs of a decedent. Every lawyer’s job is to educate their client about the law that applies to their...
These are the specific tasks that must be completed by the personal representative (with the help of their lawyer) during the estate administration: Serve Notice of Administration Florida Statute section 733.212 requires the personal representative to mail a “Notice of Administration,” on interested parties, including the decedent’s spouse,...
The first step in having a personal representative appointed is determining who may act as personal representative. If a decedent had a will, that document will state who has preference to serve as personal representative. If a decedent had no will, Florida Statute 733.301 determines who has...
Formal administration is the more involved variety of Florida probate. Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is...
Summary administration is faster, cheaper, and less involved than formal administration, and should generally be used whenever circumstances allow. In order to qualify for summary administration, an estate must contain less than $75,000 in non-exempt assets OR belong to a decedent that passed away more...
Florida lawmakers have ensured that a decedent’s homestead (the house that they live in) is not taken by estate creditors upon their death. Decedents leaving their home to their wife, children, or descendants, are able to do so free of creditor’s claims. The exception to...