Statewide Probate - A Service of McDonald Fleming Moorhead, Attorneys at Law

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Don’t Wait to Sell that House

In ancient days, 25 years ago, many title insurance underwriters believed that an executor (personal representative) needed to get past the creditor period (3 months) before he or she could validly sell real property owned by a decedent. Those days are gone, and for non-homestead property, all an executor needs is either an order approving the sale or the express power to sell stated in the Last Will.

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Wills Do Not Avoid Probate. They Steer the Probate

A very common misconception is that if Mom or Dad has a Will, no probate will be needed when they pass away. That is wrong. There are some steps people can take to avoid a probate administration when they die, but signing a Will is not one.

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Death does not stop a corporation or LLC

There are lots of good reasons to incorporate a sole proprietorship when one considers the possible death of that person.

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Children inherit assets not debts

It always surprises us when our clients ask us if they are responsible for the debts of their deceased parents. We scratch our heads and ask, "Where would you get such a thought?" We are sure that in some societies at some times in history, children were liable for the unpaid debts of their deceased ancestors. But that's never been the law in the English colonies or United States.

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Firearms in the estate

In many cases only a qualified federal firearms licensee can transport a firearm interstate.

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No One HAS To Serve as Personal Representative

Just because a Last Will names you as executor, that does not bind you.

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Condo Assessments Can Grab Heirs in Cases of Homestead

Inheriting a condo is no longer safe to walk away from.

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Probate cannot go totally paperless

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E-Filing Settling Down

Will we see "electronic signatures" soon, as we see with the Florida Department of State on corporate filings?

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“You Get What You Pay For”

Much depends on what the person already knows about the laws of property and inheritance

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