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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 [...]

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 [...]

If your spouse passes away and you owned real property with your spouse as tenant by the entirety, you need to clear the title to your real estate so it is owned by you alone as the surviving [...]

In Florida, a personal representative is compensated either in accordance with the desires of the decedent as laid out in their estate planning documents or based on the presumed reasonable fees [...]

Florida law does not recognize “no-contest” clauses written into wills or trusts, which means they are unenforceable in Florida courts.  No-contest clauses are written to dissuade beneficiaries [...]