CNN reported on November 7, 2016 that Janet Reno, the nation’s first female US Attorney General, passed away in her home in Miami, Florida. She was 78 years old. Did Ms. Reno have a Florida will? Who will inherit from her Miami Beach estate? What is the probate process in Florida? What happens if she died intestate in Florida?
Probate Process in Florida
- What is the Florida probate process?
- Well, we typically think of it as a court process in the probate division of our courts that involves the administration of an estate.
- When somebody passes away, whoever has the original Florida will of the deceased person is required to file it.
- They must file it with the clerk for the county where the person passed away.
- In Ms. Reno’s case, this would be Miami Dade County.
- Also, typically, you file a petition for administration, something that tells the world, “Hey, I’m administering this person’s estate. If you think you’re a beneficiary, or if you think this person owed you money, come forward. I’m going to gather the assets, I’m going to give notice to everybody, and then I’m going to distribute the estate.”
Janet Reno’s Florida Estate
- As of right now, the media does not mention whether or not Reno died without a will.
- She was 78 years old so, hopefully, she did have an estate plan in place to provide for her family.
- The probate process will most likely occur in a probate court located in Florida because this is the state in which she died.
- In addition, she owned a home in Miami.
- Palm Beach estate planning attorneys and probate litigators encourage clients to create some sort of estate plan, as it can prove to be very beneficial even while you are still alive.
- For example, if you become incapacitated, a good estate planning attorney may be able to help you avoid a Florida guardianship and protect your wealth that you are no longer able to manage.
- Ms. Reno suffered from Parkinson’s Disease.
- However, if she would have suffered from Alzheimer’s or Dementia, she may have been deemed incapacitated.
- A Miami estate plan may have been able to help her avoid a Florida guardianship.
- It is not very expensive to create a will, revocable trust or living trust and they can be completed quickly.
- Therefore, many people do not have an excuse.
- Why should I bother to have an estate plan?
- Because, if you don’t, your estate will pass by a state law that controls who inherits property when someone dies without a will.
- In most states, this is called intestacy law or dying intestate.
- Florida litigators know that, when you die intestate in Florida, heirs inherit.
- To read the entire article about Janet Reno’s death, click here.