Articles Posted in Probate Wills Trusts Estates

If you are holding a Florida resident’s last will and testament, you have just ten days to file it with the Clerk of Court after you learn of the death. That’s Florida law. It applies to the original of the will, not copies. In a recent case, a daughter allegedly failed to file an original…

When a Florida resident dies, creditors have two years to file their claims for debts. Most beneficiaries of Florida probate do not want to wait two years to collect their inheritance. That’s why Florida probate lawyers publish notice to creditors and then serve notice to creditors on all possible creditors. It shortens the time for…

It’s true that probate in Florida is easier than in many states. We have a modern, stream-lined probate law that allows probate from start to finish in 4 months. Of course, this assumes you know what to do and there are no complications. The probate law in Florida is partly in the statutes (substantive) and…

Florida recognizes three types of joint property: tenancy in common, joint with full rights of survivorship, and tenancy by the entirety. Only the last two avoid probate. Here’s the background. When two people own property as tenants in common, each owns an undivided interest in the whole. If one dies, then probate is required to…

It looks like electronic filing of pleadings in state courts will become a reality for Florida lawyers in 2009. The Florida Legislature has mandated the Florida clerks of court to “implement an electronic filing process” in order to “reduce judicial costs in the office of the clerk and the judiciary, increase timeliness in the processing…

It’s happened more than once. A Florida resident dies. A family member finds the will, sees his or her name as personal representative (executor), and starts giving away furniture, cleaning out the house, etc. Unfortunately, doing these things might create personal liability. That’s because the person named in a Florida will as personal representative generally…

It is a common misconception that when a Florida resident dies the attorney who drafted the will must be hired to probate the estate. This goes along with the misconception that the attorney represents “the estate”. The reality in Florida is that the attorney represents the personal representative and not the estate and not the…

“Each member of the bar who practices law in Florida shall designate another member of The Florida Bar who has agreed to serve as inventory attorney under this rule.” Rule 1-3.8, Rules Regulating the Florida Bar, effective 1/1/06. What do you do with the client files of a deceased lawyer? If the lawyer has partners,…

My law office has been scanning documents for years, but only recently has available technology provided the ability to scan thousands of pages of valuable documents as images on a portable storage device. While the Apple iPod has drawn consumer attention to technology’s advanced ability to store thousands of songs on a device no larger…

The NY Times reported (You’re Dead? That Won’t Stop the Debt Collector) on 3/3/09 how a certain debt collector collects from grieving families the debts owed by the deceased even though the family members are not legally obligated to pay. I don’t know about other states, but debt collectors should think twice before calling a…