Category Archives: Probate
Probate For Part-Time Residents Of Florida
The stereotype goes that old people retire to Florida, and their younger relatives use their houses as free accommodations for wintertime beach vacations, but when the elderly Floridians need the help of their younger relatives, the younger relatives pretend that they are snowed in up north, even though no blizzard could keep them from… Read More »
The Probate Court Can Disinherit Abusive Family Members
Estate planning lawyers advise clients against disinheriting family members for petty reasons. They also advise against setting conditions on receiving payments from a testamentary trust; attempts to micromanage beyond the grave are rarely successful, especially when the testator of the will or grantor of the trust is no longer around to enjoy the Schadenfreude. … Read More »
Are You Prepared For The Time And Cost Of Probate?
It is for good reason that people say that your 40s and 50s are the most stressful time in your life. You are part of the “sandwich generation,” caring simultaneously for your children and your parents; both generations sometimes seem like they don’t need your help, only to catch you off guard with their… Read More »
Collecting Debts On Behalf Of The Estate Of A Deceased Person
It is frustrating when creditors keep pursuing you about debts you cannot pay. At least, when you are the personal representative of an estate and creditors contact you to collect money that the decedent owed them, you can respond, “The person to whom you lent money is dead. Kindly accept this paltry settlement and… Read More »
Why You Should Act Quickly To Open A Family Member’s Estate For Probate
After the death of a family member, the last thing on your mind is ensuring that your in-laws and your stepchildren get their inheritance, unless, of course, they are bugging you about it. After planning a funeral and moving the decedent’s belongings out of the nursing home, you are eager to get used to… Read More »
How To Deal If You Are The Personal Representative Of An Insolvent Estate
High prices and the economy seem to be here to stay. Millennials probably will never be able to afford to retire, which means that some of them will be living paycheck to paycheck when they die. Therefore, insolvent estates are likely to become more and more common as the last generation to own substantial… Read More »
The Cash Gift That Can Come Back To Haunt Your Family Decades Later
What is the worst thing that can happen to a family when a recently deceased relative’s estate is going through probate? Is it a long-lost sibling, the product of a long-ago romantic relationship that Dad never told anyone about? Such events are rare, even though estate research firms sometimes try to tell people who… Read More »
Coping With Estate Inventory
When people find out that a recently deceased person has named them as personal representative of the estate, or when they try to settle the estate of a family member who died without a will, their biggest worries tend to revolve around disputes over inheritance rights, creditor claims gobbling up a significant portion of… Read More »
Do Business Ownership Interests Go Through Probate When A Business Owner Dies?
Some people love their jobs so much that they never want to retire, and some achieve that goal, continuing to work until they die. Certain professions attract this attitude more than others; no one dreams of being an octogenarian in a cubicle farm. Business owners are among those who aspire to draw their last… Read More »
Summary Estate Administration And Florida Law
You always hear that, when a family member dies, you must promptly submit a petition to the court for probate of the estate, but what happens if you don’t? Not much, except that the decedent’s heirs and creditors don’t get paid. It isn’t as if the estate can assess penalties on a dead person… Read More »
