Losing someone you cherish is never easy, and it can be made all that much more difficult if it was by an accident that they didn’t cause themselves. Every day, people get into terrible accidents that result in serious injury or even death. Common examples of this include car crashes, slip and falls, workplace accidents, [...]
Who Gets Paid First When There is Not Enough Money to Pay All the Creditors in a Probate Estate? The rules of probate are complex, and the process can be stressful for a personal representative. It becomes even more stressful if there won’t be enough money to pay off all the creditor claims [...]
Using Real Estate Deeds in Estate Planning “Pocket Deeds” vs “Lady Bird Deeds” in planning for the future. A Pocket Deed is an executed deed that is not recorded until the occurrence of an event. Usually, in planning an estate, that event is the death of the grantor, the person conveying the real [...]
Obtaining an Employer Identification Number or Tax ID Number for an Estate Once a Personal Representative has been appointed to administer an estate, the estate will require an EIN / TIN (employment identification number / tax identification number). Below are the steps to obtain the EIN / TIN and avoid the sites that [...]
Dealing with Florida Homestead Property in the Probate Process How does a Personal Representative distribute a protected homestead to a decedent’s heirs? Following a death, it is the responsibility of a personal representative to properly divide up a decedent’s assets. Various assets are treated differently in estate proceedings. A homestead is defined as [...]
Curator vs. Personal Representative When is a curator necessary? Wait, what is a curator? If the person appointed to be the personal representative of the estate is challenged due to a prior offense or conduct regarding the estate’s assets, then oftentimes the appointment of a curator is warranted. A curator is defined as [...]
How long does a creditor have to file a claim in probate court after someone has passed away? Oftentimes clients ask the question: how long does it take for the estate to be completely administered? Although this is a very common question, the answer is not always cut and dry. Every estate is different and [...]
In the wake of the passing of a friend or loved one, one of the first questions that must be answered is whether probate will be required to administer an estate. If probate is required, the court will appoint a personal representative and then oversee the process of identifying, gathering and distributing the assets of [...]
You may have heard the term “Lady Bird deed” tossed around, especially if you are in the financial, real estate or estate planning fields, but what are Lady Bird deeds and how do they work? “Lady Bird” deeds got their name because Lady Bird Johnson was commonly used as a fictional subject when these types [...]