Part of the job of any Florida probate lawyer is to stay current on any changes to the Probate Rules. Well, the Supreme Court of Florida has just, on December 17, 2015, amended the probate rules which pertain to the notice of administration and also some rules for guardians and petitions for emergency temporary guardians. Probate attorneys Florida, as well as guardians and elder law lawyers Boca Raton, will want to read these new changes.
Supreme Court Amends Florida Probate Rules December 17, 2015
- On December 17, 2015, the Supreme Court of Florida issued a change to the Florida Probate Rules.
- See In Re: Amendments to the Florida Probate Rules, 40 Fla. L. Weekly S703, or click here for a complete copy: http://www.floridasupremecourt.org/decisions/2015/sc15-1513.pdf.
- Just two of the highlights:
- Probate attorneys who give “formal notice” of probate proceedings, and those estate lawyers who are involved in will contests, will want to read the changes to the notice requirement, Rule 5.240.
- Part of the role of a Palm Beach probate attorney representing a personal representative of a Florida estate or probate is to give notice to certain “interested” persons, informing them of the court proceeding or probate proceeding regarding the estate of the deceased Florida resident.
- What is contained in that notice of administration is very important, since it affects, or can affect, not only the recipient’s rights, but also the property of the deceased Florida resident.
- Also, elder law lawyers, and probate attorneys who handle guardianship law, perhaps one of the fastest growing areas of the law in Florida, will want to know about notice changes for hearings on petitions for appointment of an emergency temporary guardian (Rule 5.648).
- Check out these probate rule changes, also, for guardian’s reports and Rule 5.310regarding qualifications of a personal representative
- Many times, family members or estate beneficiaries do not like the executor of the Florida estate.
- Can you remove the personal representative from serving?
- Do you know how to get rid of the estate executor or even if the personal representative is not QUALIFIED to run the estate or Delray Beach probate?http://www.floridasupremecourt.org/decisions/2015/sc15-1513.pdf
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