Probate in Florida | FL Legal Resources | FastCounsel

Florida — How to Retitle a Deceased Parent’s Car (Step-by-Step FAQ)

What to know and do to retitle a car after a parent dies — Florida Disclaimer This information is for general education only and is not legal advice. Laws change and every situation is different. Consult a licensed Florida attorney or contact the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) or the local […]

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Florida: What to Do When a Proposed Administrator Withholds Estate Asset Information

Overview If a court-appointed or proposed personal representative (often called an "administrator") is not sharing estate asset information or estate documents, you have several practical and legal tools under Florida law to get the records and protect your rights as an interested person. This article explains what steps to take, what the law requires in […]

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Challenging a Sibling’s Application for Letters of Administration in Florida

How to Challenge a Sibling’s Application for Letters of Administration in Florida Probate Court Short answer: If your sibling has filed for letters of administration in Florida and you want to oppose it, you must act quickly: obtain the court file, confirm who is an interested person, and file a written objection or a competing […]

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Florida: Forcing Sale of a House and Distributing Proceeds Under a Will

What to do when a surviving spouse refuses to sell estate real property in Florida Detailed Answer Short answer: whether you can force a sale and distribution depends on (1) whether the house is a probate asset, (2) whether it is protected as Florida homestead, (3) how title is held (sole name, joint tenancy, tenancy […]

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How to Recover a Cash Bequest From a Sibling’s Estate in Florida

Recovering a Cash Bequest from an Estate in Florida: FAQ Short answer: If the personal representative (executor) is not cooperating, you can demand an accounting, check whether the estate qualifies for a faster procedure (summary administration), and—if needed—ask the probate court to compel distribution, remove or surcharge the personal representative, or hold the representative in […]

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Filing a Notice to Creditors in Florida — Step‑by‑Step FAQ

How to File a Notice to Creditors in Florida — Step‑by‑Step FAQ This FAQ explains the typical process for preparing, publishing, and filing a Notice to Creditors in Florida probate. This is an educational summary only and not legal advice. Consult a Florida probate attorney for advice about your specific situation. Detailed Answer — What […]

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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 […]

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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). […]

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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 […]

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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 […]

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