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Before You Walk Into Probate Court: The Paperwork That Proves You Belong There
Most people picture probate as a courtroom. In reality, the first few weeks look more like a scavenger hunt. A Florida probate judge will not appoint you as personal representative simply because you are the oldest child, the surviving spouse, or the person named in the will. The court needs proof, and proof arrives… Read More »
The Second Probate Case Nobody Warns Snowbirds About
Every winter, thousands of northerners settle into a condo in Boca Raton or a bungalow near West Palm Beach and call it the good life. What rarely makes the packing list is a plan for what happens to that Florida property after the owner dies. Here is the catch. A will probated in Ohio… Read More »
Whose Voice Is on the Page? The Red Flags of Undue Influence in a Florida Will
Most will contests are not about forged signatures. The more common story is quieter. Someone close to the testator spent months nudging, isolating, and steering, and the final will ended up reflecting that person’s wishes instead of the testator’s. Florida calls this undue influence, and under Section 732.5165 of the Florida Statutes, a will… Read More »
When Executors Get Paid: What Florida Law Really Allows, and What Families Can Fight
Most people assume that whoever handles a loved one’s estate does it out of duty, not for a paycheck. But Florida law says otherwise. A personal representative is entitled to be paid for the work of running an estate, and that single fact turns out to be one of the most reliable sources of… Read More »
What a Florida Personal Representative Is Legally Required to Do
Getting named personal representative of an estate can feel like an honor right up until the paperwork starts arriving. Then it starts to feel like a job nobody trained you for. And in a sense, it is a job. Florida law does not treat the role as an honorary title given to whichever family… Read More »
Surety Bonds in Florida Probate: When Are They Required, and Can They Be Waived
Most people planning an estate spend their time thinking about who gets what. Almost nobody thinks about the surety bond their personal representative might have to buy before they can do anything at all. But that bond, an insurance policy of sorts that protects the estate from a personal representative who mismanages it, can… Read More »
Military Service and Probate: What Florida Survivors of Veterans Should Know
When a veteran passes away, surviving family members often assume that any benefits owed by the Department of Veterans Affairs will simply be added to the estate and handled through probate along with everything else. In reality, VA benefits follow their own rules, and understanding how those rules interact with Florida probate can make… Read More »
When Should a Personal Representative Be Removed From a Probate Case?
When someone is appointed to serve as personal representative of an estate, most people assume that appointment is permanent until the estate closes. But that is not always true. Florida law allows a personal representative to be removed from their role, and it happens more often than people think. Grounds for Removal Florida Statute… Read More »
Can Your Spouse Take More Than Your Will Allows? Florida’s Elective Share Explained
Many people assume that whatever they write in their will is the final word on who gets what. But if you’re married, Florida law gives your spouse a right that can override those wishes, at least in part. It’s called the elective share, and it exists specifically to protect surviving spouses from being left… Read More »
Skipping Probate Court: When Florida Allows Summary Administration
Not every estate in Florida has to go through the full probate process. For smaller or simpler estates, Florida law offers a faster, less expensive alternative called summary administration. Understanding when this option is available can save families significant time and money during an already difficult period. What Qualifies for Summary Administration Summary administration… Read More »
