What is the difference between common and solemn form probate in Florida?
Disclaimer This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer: Common vs. Solemn Form Probate Under Florida Law Florida law does not use the terms “common” or “solemn” form probate. Those terms arise under North Carolina law. Instead, Florida […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in FL?
Disclaimer: This article provides general information and does not constitute legal advice. For guidance specific to your situation, consult a Florida probate attorney. Detailed Answer Under Florida law, a “year’s allowance” (also known as a family allowance) gives a surviving spouse—and minor children if applicable—a set amount of personal property from the estate to cover […]
Read article →How to Request and Schedule a Probate Hearing When None Is Set in FL
Detailed Answer Florida’s probate courts handle a variety of matters, from formal administration to ancillary probate. When no hearing date is set by the court, you must initiate the process by filing a motion or petition and notifying interested parties. Follow these steps to request and schedule a probate hearing: 1. Identify the Purpose of […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Florida
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for advice. Detailed Answer In Florida probate proceedings, you must formally serve all interested parties with court orders. This step ensures parties receive notice of hearings, file objections, and protect their rights. Florida law outlines three primary service […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Florida
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Understand the Engagement Letter Requirement Under the Florida Rules of Professional Conduct Rule 4-1.5(b), an attorney must communicate the scope of representation to you in writing before or within a reasonable time after starting work. This engagement letter […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim in Florida?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In Florida, only a decedents personal representative may file a wrongful death action. Section 768.19 of the Florida Statutes establishes the cause of action and limits filing to the […]
Read article →How do I apply for letters of administration in Florida and what forms are required?
Detailed Answer In Florida, when a person dies without a valid will, their estate passes through intestate administration. To manage and distribute the decedent’s assets, an interested person (usually the closest relative) must petition the circuit court in the county where the decedent resided for Letters of Administration. These letters appoint a personal representative to […]
Read article →How Do I Distribute Wrongful Death Proceeds to Rightful Heirs in FL?
Detailed Answer: Distributing Wrongful Death Proceeds in Florida Under Florida law, wrongful death proceeds compensate close family members for their loss. The Florida Wrongful Death Act (Fla. Stat. §768.20) governs how courts allocate any settlement or jury award. Here’s a step-by-step overview: 1. Identify Eligible Claimants Spouse Children (including legally adopted or posthumous descendants) Parents […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in FL
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific legal needs. Detailed Answer When a business owner passes away, the personal representative (executor) of the estate must identify, collect and value all estate assets, including corporate interests. Here are the key […]
Read article →How can an interested party open probate for a decedent’s estate in Florida?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation. Detailed Answer: Opening Probate in Florida In Florida, probate begins when an interested party files a petition with the circuit court in the county where the decedent lived. Florida's probate process follows […]
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