What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Florida?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Under the Florida Probate Code, an interested person may petition the circuit court to remove a personal representative who mishandles estate assets. The process is governed by Florida Statutes §733.504 (Removal and Surcharge) and related provisions. Below is an […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in Florida?
Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Florida for guidance specific to your situation. Detailed Answer Planning ahead can significantly reduce delays in Florida probate under Chapter 733, Florida Statutes (Fla. Stat. ch. 733). Gathering the right information and documents before the decedent’s […]
Read article →What information and duties is a personal representative required to provide to heirs in Florida?
Detailed Answer In Florida, a personal representative (also known as an executor or administrator) owes a fiduciary duty to keep heirs and beneficiaries informed throughout probate. This duty begins upon appointment by the probate court and continues until final distribution of assets. 1. Notice of Administration Within 30 days of appointment, the personal representative must […]
Read article →What steps are required to file probate court documents and publish creditor notices in Florida?
Filing Probate Court Documents and Publishing Creditor Notices in Florida Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance on your specific situation. Detailed Answer When a person dies in Florida, the decedent’s estate typically goes through probate—the court-supervised process for distributing assets […]
Read article →How to Determine If a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in FL
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Florida for guidance on your specific situation. Detailed Answer 1. Review the Vehicle Title and Ownership at Death Florida law treats a motor vehicle as probate property when the decedent held sole title at death. If […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in Florida
Detailed Answer Under Florida law, you must file probate (administration) in the county that provides the proper venue. Florida statutes outline clear rules for both opening and transferring (ancillary) estates. 1. Primary Probate Venue Florida Statutes Section 733.101(1) directs you to the decedent’s county of domicile at death. “Domicile” means the principal place of residence. […]
Read article →Should an Executor in FL Confirm Available Estate Funds Before Settling a Creditor Claim?
Detailed Answer The role of an executor in Florida is to collect the decedent’s assets, pay lawful claims, and distribute the remainder. Verifying available funds before settling creditor claims protects both the estate and the executor’s fiduciary duties under Florida law. Florida Law on Executor Duties Taking Possession of Assets: Under Fla. Stat. §733.603, an […]
Read article →What steps should be taken to negotiate and settle a creditor claim during probate? (FL)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer: Negotiating and Settling Creditor Claims in Florida Probate Florida’s probate process requires the personal representative to review, evaluate, and resolve creditor claims under Chapter 733 of the Florida Statutes. […]
Read article →What documentation should an executor gather to respond to a creditor’s settlement demand in Florida?
Disclaimer: This article is for informational purposes only and is not legal advice. Detailed Answer When a creditor submits a settlement demand in a Florida probate proceeding, the personal representative (executor) must collect key documents to verify the claim and decide whether to admit, reject, or negotiate under the Florida Probate Code. Gathering complete records […]
Read article →How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds in Florida?
Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance. Detailed Answer When an elderly decedent’s estate faces a creditor claim arising from predatory lending, the executor can challenge the claim under Florida law by following clear probate procedures and citing consumer protection statutes. 1. Review […]
Read article →