Law Blog

One of the primary purposes of probate is to ensure that the decedent's debts are paid. The Personal Representative must use diligent efforts to give actual notice of the probate proceeding. The legitimate debts of the decedent must be paid before making distributions...

If the decedent had a valid Will, the judge will appoint the person or institution named by the decedent, as long as the named person or institution is legally qualified to serve. If the decedent did not have a Will, the surviving spouse has the first right to be...

The Personal Representative can be an individual, or a bank or trust company, subject to certain restrictions. An individual must either be a Florida resident or, regardless of residence, a spouse, sibling, parent, child, or other close relative of the decedent. A...

Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts and distributing the decedent’s assets to his or her beneficiaries. Probate administration only applies to probate assets. ...

The Personal Representative is the person, bank or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. The Personal Representative has a legal duty to administer the probate estate pursuant to Florida law. The...

In 2020, the first $15,000 of gifts made to a donee in any calendar year qualifies for the “annual exclusion” if the gift is a present interest.  A married couple with a spouse’s consent can make gifts of $30,000 per year per donee without incurring the gift tax.  The...

Sole Ownership Is the simplest form of real estate ownership.  It is generally held by unmarried individuals or married individuals who wish to assume sole title in non-homestead real property. While Sole Ownership provides owners with the most simplistic option for...

A Health Care Surrogate is a document in which the principal designates someone else to make health care decisions if the Principal is unable to make those decisions.  Unlike a Power of Attorney, a health care surrogate decision-maker has no authority to act until...

The Estate Tax is a tax on your right to transfer property at your death.  It consists of an accounting of everything you own at the date of your death.  The fair market value of these items is used, not necessarily what you paid for them or what their values were...

A Power of Attorney is a legal document delegating authority from one person to another.  In the document, the Maker of the Power of Attorney (the “Principal”) grants the right to act on the Maker’s behalf as their “Agent”.  What authority is granted depends on the...