Florida Probate
Formal Notice… Case Shows Why You Don’t Leave A Summary Administration Without It!
For decedents whose assets (not including assets exempt from creditor claims) are under $75,000 or for decedents who have been deceased for more than 2 years, a shortened probate proceeding, a summary administration, may be available. Florida law requires certain...
Are You Entitled to A Trust Accounting?
As a current or contingent beneficiary of a trust are you entitled to an accounting? It depends for what accounting period you request. This issue was addressed in Hilgendorf v. Estate of Coleman. In 2000, Thelma Coleman (“Thelma”) created a revocable trust for her...
Personal Representatives MUST be Certain to Notice Ascertainable Creditors!
Under Florida law if you are acting as a personal representative you must carefully review the decedent’s credit cards, mail, etc to be sure that you notice all ascertainable creditors. A recent case, Golden v. Jones,...
You are Acting as a Personal Representative. Does the IRS need to Know?
If you act as a Personal Representative (PR) one of your duties is to make sure that all taxes have been filed and will be filed. Unless very close to the decedent, most PRs have little idea of the decedent’s tax situation and have no idea whether the decedent owes...
Acting as a Personal Representative? Make Sure Creditors Receive Notice!
If you are acting as a personal representative (“PR”) of an estate, then one duty is to make sure that creditors of an estate, such as medical providers, ambulance services, credit card companies, etc., receive notice of the decedent’s death so the creditor has the...
Don’t Forget One of the MOST Important Beneficiaries of a Probate Estate… The Creditors!!
A recent case reminds practitioners and clients that, while beneficiaries of an estate may not like it, creditors are also beneficiaries of an estate and actual notice should always be made to reasonably ascertainable creditors. Cantero v. Estate of Caswell...
Linda S. Griffin’s New Book!
We are pleased to announce that our very own Linda Suzzanne Griffin is the proud author of “The Survivor’s Navigator: A practical guide for dealing with the death of a loved one in Florida.” Linda wrote The Survivor’s Navigator for the non-legal person to help...
Paternity Action Denied In Probate Case
Section 732.108 of Florida Statutes(2)(b) , provides that the paternity of the father can be established by an adjudication before or after the death of the father. Section 742.011 of the Florida Statutes permits such a paternity action. Prior to 2009, Florida law...
Does Divorce ALWAYS Revoke Ex-Spouse’s Rights Under a Will? Second DCA Says NO.
As discussed in a prior blog, Florida law provides that certain beneficiary designations naming a spouse are revoked upon divorce; provisions in a will naming a spouse are revoked upon divorce; and provisions in a trust naming a spouse are revoked upon divorce....