Archive | Probate RSS feed for this section
The Types of Probate in Florida
When someone dies, his or her remaining estate is handled through a process called probate. Probate deals with the debts, assets, and other remaining situations of someone’s estate. It usually works together with the deceased’s will and with any claims from creditors or other interested parties, all the while following the rules and procedures set [...]
Continue reading...
Do I Have to File for Guardianship if My Child Received a Settlement or Death Benefits?
27. September 2011
Florida law (Florida State Statutes 744.301(2)) states that a minor needs the protection of a guardianship when they are the recipient of certain amounts and types of money. If your minor child receives funds that equal up to $15,000, the natural guardianship of a parent or parents is sufficient. No further official guardianship papers need to [...]
Continue reading...
Avoiding Probate
18. August 2011
Probate is the division and distribution of a deceased person’s estate. This procedure is supervised by the courts and assures that the estate is properly divided and all expenses and debts are paid. Probate involves lot of legal paperwork, something that comes as a surprise for many who thought they would receive an inheritance in [...]
Continue reading...
Who Can Act as a Personal Representative?
10. August 2011
A personal representative is needed for probate cases in the state of Florida. This personal representative assumes control of the deceased person’s property and handles most aspects of the person’s estate. The Florida State Statutes details its laws of probate in Title XLII (Estates and Trusts). Chapter 733, Part III discusses the preferences for and [...]
Continue reading...
How Do You Find the Proper Heir in Your Probate Case?
19. July 2011
There are many situations in which a missing heir must be found. One of the most common examples of this is when a will does not have an heir or when the will is being contested. How would you find the proper heir? Probate attorneys use different tactics for different reasons, but an heir search [...]
Continue reading...
Who’s Left Out of Florida’s Wrongful Death Act?
6. July 2011
SmithLaw has seen wrongful deaths occur in automobile accidents, in hospitals, on someone else’s property, and from medical malpractice. It is undoubtedly one of the most traumatic events in a client’s life. Florida’s Wrongful Death Act (http://www.flsenate.gov/Laws/Statutes/2010/768.16) helps those who have lost a loved one from the wrongful conduct of another party. However, it does [...]
Continue reading...
Who Can Act as a Personal Representative in a Probate Case?
1. July 2011
One question that may cross your mind as you prepare to make your will is, “who can I name to be my personal representative?” Well, the answer to that question can, and does, vary by state. A Florida Probate Lawyer can tell you that a personal representative can be anyone you decide to appoint to [...]
Continue reading...
Minor Guardianship vs. Custody of Minor: What are the Differences and Similarities?
27. June 2011
When trying to figure out which proceeding is where, it is important to distinguish between the two. In the case of minor guardianship versus the custody of a minor, they sound pretty similar. But these two types of custody arrangements are actually handled in two different court departments and have different laws governing them. Guardianship is [...]
Continue reading...
Can You Pursue Guardianship or Probate Without a Lawyer?
26. June 2011
What do guardians and executors have in common? Both are people placed in positions of great responsibility over others’ affairs, and both need expert legal advice. What Does a Guardianship Lawyer Do? A guardian is a someone who takes over the personal affairs, including finances, of a minor child or of an adult who is [...]
Continue reading...
- Lunch Date with your Dog?
- The Castle Doctrine in Florida
- Stopped for a DUI? What are Your Options?
- Being harassed by debt collectors?
- A Primer on Florida’s Motor Vehicle Insurance Requirements
5. March 2012
0 Comments