How Personal Representatives Locate Assets

Category Archives: Probate and Estate Disputes

How Personal Representatives Locate Assets

When a loved one dies, you might be named as personal representative. It is the personal representative’s responsibility to locate their assets so they can be distributed according to the will. Here is a quick guide to locating assets: What kind of documents must be located? Generally, the personal representative needs to look for a […]

Tips for Choosing a Power of Attorney

Designating an attorney-in-fact under a durable power of attorney (DPOA) is one of the most important estate planning decisions you can make. Because your attorney-in-fact will have control over your financial assets, it is imperative you choose someone you can trust. Here is what to consider when choosing your attorney-in-fact: Age and capacity: Generally, Florida […]

Can You Make Your Will “Contest-Proof”?

When making a will, many people want to know how to make it “iron clad” or “contest-proof.” Some states allow no-contest clauses, which provides for the disinheritance of an heir to the estate should they challenge the validity of the decedent’s will. Florida does not. While no-contest clauses are unenforceable, crafting a will with an […]

What Happens if a Will Beneficiary Passes Away Before Inheriting?

During the estate administration process, the personal representative might discover that a named beneficiary under the will, predeceased the testator. What happens next depends on what is written in the will. The testator may name a contingent beneficiary, in which case that person would inherit. But if there’s no alternate beneficiary, the property might go […]

What to Know About Avoiding Probate in Florida

One of the main goals of estate planning is to avoid the probate process as much as possible. Probate can easily get drawn out, resulting in higher court expenses and a longer time passing before heirs are able to receive their inheritance. Here’s a quick look at some of the most important things to know […]

Strategies to Avoid Costs Associated With Probates

Sometimes, it’s in the best interest of people planning their estate to do what they can to avoid probate. Here are a few examples of some of the strategies you can use to avoid probate. Use a trust: Revocable living trusts can be used to bypass the probate process. Trust property is not probated, meaning […]

How Has Coronavirus Impacted the Probate Process in Florida?

The impact of COVID-19 has been evident in just about every area of business, including the legal world. The impact has been particularly severe on the probate court here in Florida. As of mid-November, there had been more than 870,000 confirmed cases of COVID-19 in Florida and nearly 18,000 deaths, with the hardest-hit areas being […]

Common Myths About the Probate Process

The average person is not likely to be well versed in estate planning law, so it should come as no surprise that there are a variety of myths that surround the estate planning and probate process. Here are just a few of these most common probate-related myths and the truths behind them. MYTH: The probate […]

Will Life Insurance Proceeds Have to Go Through Probate?

One common question people with life insurance policies have is whether or not they need to worry about proceeds from those policies passing through probate. The good news is that rarely will those payouts be subject to the probate process, so long as you have stayed up to date with your beneficiary designations. However, if […]

Is it Possible to Have a Personal Representative Removed?

As someone planning an estate, it is important you put the proper time and thought into the selection of the best possible personal representative for your estate. Your chosen representative should be someone without conflicts of interest in your estate matters, who is capable of handling all the various tasks associated with the position, who […]