What do I Need to Know About Probate Administration in Florida?

Has your mother or father recently passed away and left behind a house in Florida? Do you need help administering a Florida estate? How do you get your West Palm Beach inheritance that your father left you? What should you know beginning the probate process in Florida?

1. Don’t sue the Palm Beach estate as an entity. The personal representative of the estate should be the defendant.
2. Time is not on your side. There are amazingly short statutes of limitations and timeframes in the Florida probate world. Some timeframes are the shortest days or months. You need to understand each and all of these time frames to exercise your rights or to make a claim in the state
3. Freedom of speech. You have a right to be heard in the Florida probate court. If you don’t like the compensation or fees of the Florida personal representative, or if you believe that the personal representative’s attorney is getting paid too much, you need to file a response or an objection within the required timeframe. You will then have an evidentiary hearing or trial on those matters. Remember, silence does not assist you. The law in Florida helps those who exercise their rights. Probate Lauren Florida does not help those who remain silent. Remember, silence is often interpreted by a probate court judge as consent and acceptance.
4. Watch out what you sign. Watch out for the lawyers! The personal representative, or the executor, of the Florida State or Probate, may be sending you a bunch of documents to sign. Be very very careful. While many of those forms may be typical and actually help in the administration of the estate, and will permit the probate proceeding to go more smoothly, don’t waive your rights. Sometimes, probate lawyers will try to sneak in waivers or consents or indemnification provisions that you may not want to sign. Understand what you’re signing, even if that means hiring your own Florida probate lawyer to advise you.
5. The estate’s lawyer does not represent you! The attorney for the estate represents the personal representative of the Florida probate, not you. While the personal representative may use estate funds to pay reasonable attorneys fees, you, or the beneficiaries, cannot. The general rule in Florida probate is that beneficiaries have to pay their own attorneys fees and costs. There are certain exceptions, such as if you provide a benefit to the estate. Ask your probate lawyer whether you can get reimbursed for the money that you spent on attorneys fees or not.
6. Probate should not last forever. Remember, most estates down in Florida are relatively straightforward and simple and should last less than a year. This does not apply to estates or probates that involve lawsuits, difficult to value assets, pending litigation, or IRS audits. If your probate has been going on for years and years, and you have not received your inheritance, file a motion to compel or have your estate lawyer go see the probate court judge to get your inheritance.