Law Office of Imani Boykin, P.A. Legal Blog

FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 10
 
HOW DO I ADDRESS THE PAYMENT OF THE DECEDENT’S UNPAID BILLS?

            When addressing the issue of the decedent’s unpaid bills, there are a few things that must be considered during the process of probate.  The date of the decedent’s death and the date the probate was initiated will determine if any claims to the estate are barred. 
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 9
 
HOW ARE THE PERSONAL REPRESENTATIVE’S COMPENSATION AND PROFESSIONAL FEES DETERMINED?

            The personal representative, the attorney, and other professionals whose services may be required in administering the probate estate (such as appraisers and accountants), are entitled by law to reasonable compensation.  However, if a close family member serves as personal representative, it is not always typical that the personal representative be compensated. 
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 8
 
WHAT ARE THE RIGHTS OF THE DECEDENT’S SURVIVING FAMILY?   WHAT RIGHTS DO OTHER POTENTIAL BENEFICIARIES HAVE IN THE DECEDENT’S PROBATE ESTATE?  CAN A DECEDENT DISINHERIT BENEFICIARIES?        
 
     The decedent’s surviving spouse and children may be entitled to receive probate assets from the decedent’s probate estate, even if the decedent’s will gives them nothing. Florida law protects the decedent’s surviving spouse and certain surviving children from total disinheritance...
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 7

HOW IS THE INTERNAL REVENUE SERVICE (IRS) INVOLVED IN PROBATE?
    
     The decedent’s death has two significant tax consequences: It ends the decedent's last tax year for purposes of filing the decedent’s federal income tax return, and it establishes a new tax entity, the "estate."  The personal representative may be required to file one or more returns depending on the circumstances...
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 6

WHY DOES THE PERSONAL REPRESENTATIVE NEED AN ATTORNEY?
     The personal representative needs an attorney because Florida Probate Rule 5.030 requires it.  This is to ensure that personal representatives follow the probate process appropriately and for the efficient use of judicial resources.  A personal representative should always engage a qualified attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, and most of these issues will be novel and unfamiliar to non-attorneys.
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 5
WHO CAN BE A PERSONAL REPRESENTATIVE?
     To qualify to serve as a personal representative, an individual must be either a Florida resident or, regardless of residence, a spouse, sibling, parent, child, or other close relative of the decedent. An individual who is not a legal resident of Florida, and who is not closely related to the decedent, cannot serve as a personal representative.  Other entities may also serve as  personal representative...
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 4

WHAT IS A PERSONAL REPRESENTATIVE, AND WHAT DOES THE PERSONAL REPRESENTATIVE DO?
     The personal representative is the person, bank, or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. In Florida, the term "personal representative" is used instead of such terms as "executor, executrix, administrator and administratrix."
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA
- PART 3

 

WHAT IS A WILL?  WHAT HAPPENS IF THERE IS NO WILL? WHAT ABOUT EXEMPT PROPERTY?

 

     A will is a writing, signed by the decedent and witnesses, that meets the requirements of Florida law. In his or her will, the decedent can name the beneficiaries whom the decedent wants to receive the decedent’s probate assets...
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA – PART 2
WHAT ARE PROBATE ASSETS?
     Probate administration only applies to probate assets. Probate assets are those assets that the decedent owned in his or her sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision for automatic succession of ownership at death...
FREQUENTLY ASKED QUESTIONS ON PROBATE IN FLORIDA – PART 1​

 

WHAT IS PROBATE?
     Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. In general, the decedent’s assets are used first to pay the cost of the probate proceeding, then are used to pay the decedent’s outstanding debts, and the remainder is distributed to the decedent’s beneficiaries...

 

The material in this legal blog represents general legal advice and does not constitute the existence of a lawyer-client relationship. It is always best to consult an attorney about your legal rights and responsibilities in your particular case. Contact the Law Office of Imani Boykin, P.A. to schedule a consultation so that we can assess whether we can represent you in your legal matter.

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