If someone in Florida dies without a will, their estate is distributed to living relatives following intestate succession laws. In the rare case that someone dies without any relatives including [...]
If someone in Florida dies without a will, most of their assets are subject to the state’s “intestate succession” laws which determine who the beneficiaries will be. Some exceptions are [...]
If assets are discovered after a probate proceeding has ended, it may be possible to reopen the estate through a motion and possibly a hearing. When thinking about reopening an estate, you [...]
Wills must be filed with the Clerk of the Circuit Court within ten days of a death under the Florida Probate Code. There is no fee for filing a will. The Sarasota Clerk of the Circuit Court [...]
During a probate administration, a Notice to Creditors must be published and creditors must be given 90 days to submit claims against an estate. If there are known creditors for an estate, they [...]
If you are the personal representative or trustee of an estate, you have certain fiduciary obligations regarding the investment and use of the probate or trust assets. You should be [...]
No, a testamentary trust is usually created by a person’s will and has assets transferred to it during the probate process. These assets are then distributed by the trustee according to the [...]
Florida law does not allow for a total disinheritance of a surviving spouse or surviving minor children. These family members have the right to claim an “elective share” of assets which usually [...]
A children’s trust or a standby trust for minors can be set up to help manage the inheritance of a beneficiary who is underage. If a beneficiary is not 18 or another minimum age chosen by the [...]
Financial accounts can be set up to designate a person to whom the funds are payable on death, meaning the named beneficiary can claim the funds without going through the probate process. If you [...]
