Best Way to Hold Real Estate Title for Probate in Florida
If a Florida resident dies owning assets solely in his or her name, the decedent’s estate will likely be subject to probate. Depending on the size and value of the estate, it must go through…
Florida Probate Inventory
A personal representative (or executor) is the individual appointed in court to administer the estate of a deceased Florida resident. From opening the estate to distributing the assets to the beneficiaries/heirs of the decedent, the…
How Do You Prove Undue Influence in Florida Probate?
The Florida Second District Court of Appeal defines undue influence as the use of “over-persuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that there is destruction of the free agency…
Can I Gift a House to My Children to Avoid Florida Probate?
In an effort to protect their children’s interest in a Florida home, some elderly citizens opt for putting their child’s names on the deed before death. Can you gift a house to adult children to…
Can a Bank Release Funds Without Probate in Florida?
It is rare to find someone who dies without owning a bank account in Florida. A common question is whether the bank can release funds without probate, as the decedent’s loved ones often need the…
Can LLC Operating Agreement Avoid Probate in Florida?
Limited liability companies (LLCs) are a unique type of business structure that combines the characteristics of partnerships and corporations. As its name suggests, it offers limited liability, which explains why many Florida residents form LLCs…
Florida Intestate Succession Per Stirpes
The last will is the document in which a testator (the person creating the will) outlines his or her wishes on how the estate should be distributed, appointing or excluding the persons who will inherit…
Florida Elective Share Probate – Everything You Need to Know
Under Florida law, the general rule prohibits individuals from completely disinheriting their spouses. Completely removing the rights of a deceased person’s spouse may result in severe consequences. In this article, you will find out the…