What is an ancillary administration? When are ancillary administrations or probates necessary in Florida trust and estates litigation? What does my probate litigator West Palm Beach need to know about ancillary probates? If you are involved in a probate lawsuit involving non-Florida or foreign real estate, you will want to know about ancillary probates.
Do you know what an ancillary probate is?
- Probate litigators Palm Beach know that certain things are beyond the jurisdiction of aFlorida probate court.
- Do you know what they are?
- Usually, the biggest problem is real estate located outside of the state.
- For example, if your father left you a ski lodge in Colorado, the Florida probate courtcannot touch that property.
- In Florida estates and West Palm Beach probate administration, what do you do if you have a Florida estate that has non-Florida real estate?
- Probate attorneys Palm Beach know that this is where ancillary probate comes into play.
- You need to open an ancillary administration in the county or state where that non-Florida real estate is located.
- Click here to read Florida Statute 734.102 regarding ancillary administrations in Florida.
Brown v. Brown
- Brown v. Brown is a July 15 ,2015 appellate decision from Palm Beach’s Fourth District Court of Appeal(DCA).
- The Fourth DCA is Florida’s appellate court for estate and trust matters in Martin County, Palm Beach County, and Broward County.
- Here, the Fourth DCA confirms that probate courts in Florida do not have jurisdiction over non-Florida real estate.
- If you are involved in estate litigation in Florida, or if you are a Florida probate lawyer having trouble distributing non-Florida real estate, you may want to read this case by clicking here.
- However, as mentioned earlier, if it is non-Florida real estate, your probate lawyer West Palm Beach will probably need to open an ancillary probate.
- Does opening an ancillary probate increase attorneys fees? Yes!
- Does it take more time? Yes!
- You may be able to get around these issues if the real estate was held in a trust or if there’s jurisdiction over the trustee.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml