Recent Articles

Where should I store my Last Will and Testament (and other important documents)?

February 10, 2012 12:02

Nearly 5 years ago, I wrote an article about what to do when you can’t find the Will of the decedent. Recently, Lifehacker revived the Wall Street Journal‘s handy article reminding us that we all ought to revisit where and how we store important documents for easy access and peace of...

Happy New Year!!

January 01, 2012 23:36

Wishing you all the best for 2012! Happy New Year!!Wishing you all the best for 2012! Happy New Year!!

No Will? Surviving spouse inheritance rights revised effective October 1st, 2011

October 10, 2011 12:01

Who should care? If there is no Will, then surviving spouses or children of the decedent. What is the effect of the revised statute? Florida Statute 732.102: 732.102 – Spouse’s share of intestate estate. —The intestate share of the surviving spouse is: If there is no surviving descendant of...

How do I file a Claim against an Estate & How do I even know if the Estate is opened?

July 28, 2011 13:22

Image credit:  Images_of_Money Florida Probate Question of the Day: How do I file a Claim against an Estate & How do I even know if the Estate is opened? A claim is a one page document that called a “statement of claim” – you should be able to find a sample online.  Google...

Letters of Administration Revisited

June 04, 2011 00:05

MUST READ: Letters of Administration (LOA’s) are court orders. They are issued as PART of a FORMAL ADMINISTRATION of the estate. You can’t just stroll into the courthouse and say, “I want a letter of administration”. The only way to receive LOA’s is to start formal...

Must I Share Copies of the Original Last Will to the Entire Family?

November 16, 2010 21:24

Florida Probate Question of the Day: Do I have to immediately share copies of the Will with the family? Answer: No, at least not directly. State law requires that you “deposit the Will for safekeeping” with the clerk of courts within 10 days of learning that the decedent has died....

I AM the Personal Representative…or am I?

September 08, 2010 11:31

You’ve got the original Last Will and Testament and it declares you as the Personal Representative (or Executor, Administrator). You were the “chosen one”, right? It says that so it must be so!  Right? Wrong. When a person drafts a Will, they are nominating someone to act as...

Do All Heirs Need to Consent to the Sale of the Homestead?

June 03, 2010 13:30

Florida Probate Question of the Day: My mom, thankfully still alive at age 85, has informed my sister and I that under the terms of her will, we split everything 50-50. There are no other heirs. Mom’s greatest asset is her house, which she owns free and clear (no mortgage). If my sister and I...

Don’t Be Foolish. Talk to a Probate Attorney First (even if it’s not me)!

May 24, 2010 12:00

This coming October will mark the 5th year that we have been intensely focused on Florida Probate Law. In these past five years, I have personally handled several hundred (maybe north of 1000) free consultations to people faced with the possibility of probate. Not everyone hires my firm, but many...

Happy Mother’s Day!

May 09, 2010 13:00

Just a few quotes reflecting on this special day: “I want my children to have all the things I couldn’t afford. Then I want to move in with them.” – Phyllis Diller “A mother’s love is patient and forgiving when all others are forsaking, it never fails or falters, even though the...