Recent Blog Posts
Can Another State Order My Executor to Sell My Florida Home?
One of the cardinal principles of probate in the United States is that it a state-specific process. That is to say, when a Florida resident dies, their estate is subject to probate in Florida, at least with respect to any property that is located or situated within this state. If a Florida resident owns… Read More »
Recent Twitter Uproar Highlights Problem of Deceased User’s Accounts
Twitter recently faced criticism from its users after the social media network revealed plans to delete accounts that had been inactive for at least six months. As National Public Radio noted, the announcement “sparked a mass panic” from users who “returned to the platform for the sole purpose of saving their accounts.” But there… Read More »
Can a Deceased Person File a Lawsuit in Florida?
One area of estate and probate administration that often confuses people is the status of any lawsuits–or potential lawsuits–involving the deceased individual. To set the record straight, a dead person cannot sue in Florida courts. But that does not mean that any lawsuit pending at the time of the person’s death goes away, or… Read More »
Florida Courts Divided Over Homestead Exemptions for Co-Ops
Florida provides a generous homestead exemption for its residents. This exemption means that most creditors cannot force the sale of a person’s primary residence in order to satisfy a debt. The homestead exemption also imposes certain restrictions on the “descent and devise” of a primary residence via a will or trust. Judges Ask Supreme… Read More »
Can a Guardian Go to Jail for Failing to Follow Court Orders?
When a Florida adult is considered legally incapacitated to make financial or healthcare decisions for themselves, a judge may need to step in and appoint a guardian. A guardianship is a significant responsibility. The guardian is required to comply with a multitude of laws and orders and must file periodic reports with the court… Read More »
Is a Florida Estate Required to Pay Final Medical Expenses Without Proper Documentation?
It is not uncommon for a person to die leaving several outstanding bills or debts, including their final medical expenses. One of the key tasks of probate administration is to ensure any valid debts are paid using the available resources of the decedent’s estate. Of course, the personal representative is not required to pay… Read More »
Florida Supreme Court Approves Technical Amendments to Probate Rules
The Florida Supreme Court recently approved some technical amendments to the rules governing probate proceedings in the state. While these amendments do not significantly alter existing law, they provide a good opportunity to explain the basics of filing a petition for administration–i.e., the first step in seeking opening a formal probate estate after someone… Read More »
Are There Assets You Cannot (or Should Not) Put Into a Revocable Trust?
A living trust allows you to keep certain assets out of the Florida probate process after you die. But there are certain assets that, for one reason or another, cannot or should not be placed into a living trust. Here are some examples. Retirement Accounts If you have a 401(k), 403(b), IRA, or qualified… Read More »
Why Did President Trump Change His Residence from New York to Florida?
President Donald J. Trump recently announced he was becoming a Florida resident. Although Trump has long been associated with the Sunshine State through his ownership of the Mar-a-Lago club in Palm Beach, the 73-year-old is arguably one of New York State’s most famous residents. And given that Trump spends most of his time these… Read More »
What Types of Assets Can I Place in a Florida Trust?
In estate planning, we often assist clients with creating revocable trusts. This is a legal device that allows you to retain control over your assets during your lifetime. But after you die, the assets remain in trust under the control of a successor trustee. Trust assets do not pass as part of your probate… Read More »
