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 [...]
Executors are tasked with locating the heirs identified in estate planning documents but this can often prove difficult and, sometimes, an heir cannot be located. When this happens, Florida [...]
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 [...]
Letters of Administration are issued by probate judges and name a personal representative to act on behalf of an estate during probate proceedings. Many times, these letters are requested by [...]
When a minor child inherits assets in Florida, their parent or guardian does not have the authority to settle, collect, receive, or manage real or personal property if the total assets exceed [...]
Per stirpes is a Latin phrase used in wills to mean that an asset will be passed to the heirs of designated beneficiaries if the beneficiaries themselves die. If someone plans to leave assets to [...]
