Probate News

is a term used to describe an attorney whose main area of practice includes estate planning (preparation of wills, trusts, powers of attorney for example) guardianship and probate of estates. Usually it is the elderly who need these types of attorneys and, hence, the term elder law attorney.

a personal representative may employ counsel to protect the estate, and to enable him/her to properly manage the estate. The personal representative can choose their own attorney, and is not required to select an attorney that he/she does not know, or have confidence in. It is important to note that the choice of an attorney cannot be dictated by the decedent in a Will. The direction in a Will is only a suggestion, and the personal representative may be compelled to retain the attorney suggested in that Will. The Florida Probate Code provides in Section 733.6171, what compensation for attorneys would be considered reasonable and this is normally the fee charged in the State of Florida; however, more or less can be charged if the attorney and all of the beneficiaries agree to it.

the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. In the state of Florida, the Florida Statutes Sections 731 to 735 are called the Florida Probate Code and they control how to distribute assets of a decedent’s estate who are domiciled in Florida, or who owned real property in Florida.

There are two types of Homestead in Florida. One is a tax exemption, which has nothing to do with probate. The other is a process that can be completed during probate, in which a Petition and Order for Homestead Exemption is submitted to the Court for approval, and will allow for the real property of the decedent to be protected from creditors of the estate.

this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administering an estate entails collecting all assets of the decedent, paying all legally proper creditors claims, and paying the remaining balance to the legal beneficiaries. All of these steps are very important and complicated, an a Florida probate attorney should assist you through each step to ensure that the proper beneficiaries receive what is legally due to them, free and clear from creditors ad without the risk that is can be taken from them in the future, because the estate was not properly probated.

The property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. In the state of Florida, the Florida Statutes Sections 731 to 735 are called the Florida Probate Code and they control how to distribute assets of a decedent’s estate who are domiciled in Florida, or who owned real property in Florida.

an attorney can agree to a flat rate fee in the state of Florida, for legal services. The Florida Probate Code provides in Section 733.6171, what compensation for attorneys would be considered reasonable and this is normally the fee charged in the State of Florida; however, more or less can be charged if the attorney and all of the beneficiaries agree to it.

the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. In the state of Florida, the Florida Statutes Sections 731 to 735 are called the Florida Probate Code and they control how to distribute assets of a decedent’s estate who are domiciled in Florida, or who owned real property in Florida. A Florida probate attorney will be able to answer all of your questions on this procedure.

Each county in the state of Florida has a Circuit Court which has jurisdiction over all probate matters. In that Circuit Court resides a probate division, that specializes in the administration of all probate cases as well as guardianships.

this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administering an estate entails collecting all assets of the decedent, paying all legally proper creditors claims, and paying the remaining balance to the legal beneficiaries. All of these steps are very important and complicated, an a Florida probate attorney should assist you through each step to ensure that the proper beneficiaries receive what is legally due to them, free and clear from creditors ad without the risk that is can be taken from them in the future, because the estate was not properly probated.