Medicaid Estate Recovery and Protecting a Parent's Home in Florida
Protecting a Parent’s Home From Medicaid Estate Recovery in Florida Detailed Answer — short overview Yes, Florida can seek recovery from a deceased Medicaid recipient’s estate for certain Medicaid benefits, and that recovery can include real property such as a home if the property is part of the decedent’s estate. However, the state cannot legally […]
Read article →Florida: When an Inherited House Is Not a Probate Asset — Paying the Mortgage to Avoid Foreclosure
Understanding why an inherited house might not be a probate asset — and whether you can make mortgage payments to avoid foreclosure Detailed Answer Short answer: A house can avoid probate because ownership passes automatically by law or contract (for example, by joint ownership, tenancy by the entireties, a trust, or a designated beneficiary/transfer-on-death disposition). […]
Read article →Florida: Can You Challenge a Sibling Using a Deceased Parent’s Bank Account Before an Administrator Is Appointed?
When a Sibling Uses a Deceased Parent’s Bank Account: What You Can Do in Florida Disclaimer This article explains general Florida law and common steps people take. It is educational only and not legal advice. Consult a Florida probate attorney to get advice tailored to your situation. Detailed answer — how Florida law treats use […]
Read article →Florida: Forcing a Sibling to Return Sentimental Items During Probate
Detailed Answer: How recovery of sentimental items works during probate in Florida Short answer: If sentimental items belonged to the decedent and are part of the probate estate, the personal representative (PR) of the estate has the legal authority to demand their return. If a sibling refuses, the PR can ask the probate court to […]
Read article →Do I Have to Post a Bond as an Administrator in Florida When There’s No Will?
Do I Have to Post a Bond as an Administrator in Florida When There’s No Will? Detailed Answer — bond rules for intestate (no-will) administrations in Florida If a person dies without a will (intestate) in Florida, the court appoints a personal representative to administer the estate. A personal representative in Florida is often called […]
Read article →Florida: How to Apply to Serve as Administrator for an Intestate Estate
Detailed Answer Disclaimer: This is educational information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Florida attorney. When a person dies without a will (intestate) in Florida, the court appoints a personal representative (commonly called an administrator for an intestate estate) to collect […]
Read article →Florida: Enforcing or Disputing an Oral Agreement Dividing Wrongful Death Proceeds
Detailed Answer — How Florida law treats oral agreements about dividing wrongful death proceeds Under Florida law, wrongful-death claims follow rules that differ from ordinary contract disputes. The personal representative (executor) of the decedent’s estate normally brings a wrongful-death action, and any recovery is distributed to survivors under the Florida Wrongful Death Act (Chapter 768 […]
Read article →Selling Estate Property When a Co‑Administrator Refuses to Sign — Florida
How to sell estate real property when a co‑personal representative refuses to sign — Florida Detailed Answer — steps to take under Florida probate law When a decedent’s home is in probate in Florida and a co‑personal representative (co‑administrator) refuses to sign a deed or a contract to sell the house, you can usually still […]
Read article →How to Get Court Approval to Release Estate Funds When Parties Disagree — Florida
Release of Estate Funds When Beneficiaries Disagree — Florida Getting Court Approval to Release Estate Funds When Parties Disagree (Florida) Short answer: If beneficiaries or claimants dispute how estate funds should be split, the personal representative (executor) should not make final distributions without either getting a written settlement signed by all interested parties or asking […]
Read article →Florida — Which Assets Must Go Through Probate Court and Which Pass Directly to Survivors
Detailed Answer Overview: In Florida, whether an asset must be administered by the court (probate administration) or passes directly to survivors depends primarily on how the asset is titled and whether it has a valid beneficiary designation or transfer-on-death arrangement. Court administration is required for assets that are solely in the decedent’s name with no […]
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