Posts from 'Executors'


E-filing producing a Logjam

E-filing will one day be as smooth and uniform among Florida’s state courts as it is in the federal court system. However, in the meantime, we ask our clients to be patient, because patience is greatly needed.

Read Full Entry

Uncovering what your relative left, and to whom

With increasing frequency, people are setting up bank accounts and investment accounts with a “designation of beneficiary” to transfer on death (TOD). Those stocks or funds do not go through probate.

Read Full Entry

Debts Also Die

Sometimes the executor of an Estate can ignore an old debt, because the Florida limitations period (usually four or five years, but not always) has expired. But that works both ways- an estate cannot collect on a promissory note made out to the deceased person if too many years have passed.

Read Full Entry

Grandchildren inherit in probate unless otherwise stated

A common myth in Florida: in order to inherit from a parent, a child must survive the parent. In Florida that is not true.

Read Full Entry

Finally, a book to recommend

People often ask us if we can recommend estate administration or estate planning services, software or books, and we’ve been looking, honestly. Meanwhile, we did find a good book on organizing all the information and records that many modern Americans come to possess. It’s called Get It Together – Organize Your Records So Your Family Won’t Have To, by Nolo Press.

Read Full Entry

The Function of the Florida Personal Representative in Florida Wrongful Death Cases

Recently, a further complication has arisen in the form of Medicare set asides under federal law, and the obligations the law places on attorneys for both wrongful death claimants and the defendants and their insurers. The law is relatively new and still evolving.

Read Full Entry

Why Trustees Open a Florida Probate Administration

There is a “glitch” in Florida law which creates legal exposure to a Trustee for two years following the settlor’s death if no probate is done.

Read Full Entry

Hazard Insurance:  Can’t live with it, can’t live without it

It is important that the Personal Representative of a Florida estate, or those who inherited the house, contact an insurance agent immediately to discuss their options, and if necessary, obtain coverage for the house in Florida.

Read Full Entry

Title Insurance: What you need to be protected

Our firm recommends buying title insurance whenever you acquire real estate in Florida, by purchase or from a trust, and you may even need it when you inherit the property, so that you have the peace of mind knowing you have insurance to cure title problems that may surface many years from now.

Read Full Entry

Top Five Mistakes in Florida Wills

Most Florida lawyers are, or should be, aware of the fact that you cannot leave your homestead to anyone if you have a spouse or minor child.

Read Full Entry