Ancillary Probate
Ancillary probate administration matters are secondary to domiciliary probate. Ancillary probate comes into play when a non-Florida resident dies owning real estate or other tangible property in another state, but owned property also in Florida. Chapter 734 of the Florida Statutes is the ancillary probate section of Florida’s Probate Code. The ancillary probate process would […]
Florida Probate – Public Record
A question often asked by potential clients is whether a probate case or probate court records can be somehow shielded from being publicly found in court records. The short answer to this question is no. A probate court record consists of the court-filed documents, which includes, among other things, a copy of the will, the […]
Is there privacy in probate?
An often-asked question from potential clients is whether probate matters can remain private and protected from the public eye. Most people want their personal family and financial affairs to stay private. But, if you have a will, it must be deposited (filed) with the probate court after your death. (To be technical, the custodian of […]
Estate of McKenzie v. Hi Rise Crane, Inc.
326 So. 3d 1161 (Fla. 2d DCA 2021) This case is one which demonstrates the application of the “relation back” doctrine, which may arise in cases when a personal representative for an estate is not appointed promptly. In this First District Court of Appeal opinion from 2021, the court analyzed the “relation back doctrine” of […]
Celebrities Guilty Of Estate Planning Mistakes
Celebrities are really just normal, everyday people. They can make mistakes just like everybody else does in Florida and in any other state. Many of these mishaps revolve around financial planning decisions by celebrities. Some of these financial mishaps involve celebrities making significant estate planning mistakes. Among the celebrities who reportedly made poor decisions regarding […]
New Estate Planning Laws Offer Advantages For Those In Florida
Strategy is an important aspect of planning an estate. One of the most important aspects of estate planning strategy is planning for tax liabilities in Florida or in any other state. Lawmakers recently passed the American Tax Relief Act of 2012 (ATRA) which has resulted in significant changes in strategies for tax planning for estates. […]
What Documents Are Needed For Estate Planning In Florida?
Nobody can escape the inevitable. Although death is usually not a comfortable subject, it is important for any adult, despite income or age, to make preparations for one’s own death or incapacitation. The best way to do this is through a good estate plan which ensures one’s assets will be distributed to one’s intended heirs. […]
Being Honest About Debt Will During Estate Administration
After a person passes away, their heirs and family will be responsible for dealing with distributing the person’s assets and money. Estate planning before death can significantly help intended beneficiaries navigate through the estate administration process while also avoiding costly court fees associated with probate proceedings. One of the most important steps in Florida estate […]