Search Results: heirs

Opening probate on an estate in Florida consists of expenses that can be placed into two categories: Attorney’s fees andCosts associated with the probate proceeding.  Attorney’s fees are based on your agreement with your Florida probate attorney for the services he or she provides.  Typically, attorney’s will bill at a flat rate, on an hourly basis, or on a contingent basis depending on the aspects of your case.  With attorney’s fees, you will generally have a good estimate of exactly how much you will be paying after the Florida probate proceeding has commenced.

Sometimes, when clients are just beginning to initiate the probate process on a Florida estate, there can be issues deciding who should be the executor (or “personal representative”) of the estate.  These questions usually arise when there is no will, or the will does not specif icy who the personal representative should be.  If this is the case, the Florida Probate Code comes into play to determine who should assume the role.

Wondering how a law suit challenging the administration of a Florida will or trustwill play out?  In most instances theadministration of a Florida trust or estate after the death of a loved one follows the guidelines set out in the will or trust agreement.  If all goes well, the administration will go according to the decedent’s plan, everyone will be on the same page, and there will be no need to challenge the administration.

Often times clients will ask us if they are entitled to see a complete description of the inventory of the estate of a loved one.  The typical case is one where a parent dies and is survived by several children.  The eldest child is appointed executor, or personal representative, of the Florida estate administration, and one of the younger siblings wants to know exactly what the parent left behind.

Marriage is a big part of estate planning.  It can have a drastic effect on your assets and property, and, when you die, an even bigger effect of the inheritance of your heirs.  So, when people ask me “Do I need a prenuptial agreement in Florida“, I always advise that a prenup should not be considered a dirty word, but rather a tool to ensure estate administration goes smoothlyafter the death of one of the spouses.

Heirs and beneficiaries of a Florida estate sometimes ask if they need to be represented by legal counsel through theprobate process in Florida.  

When a loved one passes away in Florida, their heirs and beneficiaries open up a probate estate with the Florida Probate court. A “personal representative“, or executor, will be appointed to administer the estate administration.  

Depending on the value of the assets you own or control when you die, the executor of your estate may have to pay federal estate taxes before your assets can be fully distributed to your loved ones, beneficiaries, and heirs.  Luckily, however, Florida imposes no separate estate tax.

Generally, after someone dies in Florida, their heirs and beneficiaries open up  a probate estate with the court.  Want the rules? Read the Florida Probate Code online for free.  After the estate is opened, an executor or personal representative is usually appointed to oversee the Florida estate administration. 

The following is a work of fiction from a probate litigation book which I am writing tentatively titled:  Pankauski’s Probate Wars: the $59 trillion inheritance fight.