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Category Archives: probate

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Objecting to a Final Accounting

By Eric Millhorn |

An estate’s personal representative has many duties, including safekeeping estate assets and paying valid claims made on the estate. Before an estate can be closed, the personal representative needs to provide a “final accounting.” Essentially, this is a disclosure of all the transactions of the probated estate. Interested persons, including heirs and beneficiaries, must… Read More »

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Should You Serve as a Personal Representative?

By Eric Millhorn |

Almost every estate needs someone to collect estate assets and pay creditor claims. This person is the personal representative of the estate. In Florida, a person will name a personal representative in their will. However, the person named can still decline to serve, and everyone nominated should give careful consideration before agreeing to serve…. Read More »

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5 Facts about Summary Administration in Florida

By Eric Millhorn |

Probate can be a cumbersome process, and some estates are not large enough to require formal probate. For this reason, Florida has created something called “summary administration.” This is a streamlined form of probate that is available in some situations. Our probate attorney in The Villages takes a closer look at 5 facts you… Read More »

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Should You Mediate a Probate Dispute?

By Eric Millhorn |

Most estates are probated without any controversy. However, sometimes parties disagree about certain issues. For example, a creditor might make a claim for payment that the personal representative does not believe is legitimate. Probate disputes can be lengthy and time-consuming. In Charles Dickens’ famous novel, Bleak House, a probate dispute ends up eating the… Read More »

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Do You Want to Avoid Probate?

By Eric Millhorn |

Probate is the process of validating a will and then paying off the estate’s creditors in an orderly fashion. Once creditors have been paid, the estate’s personal representative will distribute property according to the will or, if there is no will, according to Florida’s intestacy rules. Probate is overseen by the probate court, which… Read More »

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Problems Gathering Estate Assets

By Eric Millhorn |

One of the duties of the personal representative is to gather all the estate’s assets and to keep them safe. According to Florida Statute 733.607, the personal representative “shall take possession or control of” estate assets. Ultimately, these assets will be used to pay off estate debts. Whatever is left over will be distributed… Read More »

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Misconceptions about Florida Probate

By Eric Millhorn |

Many people have no idea what probate is and have never even heard of the word. Other people who contact our firm have heard of probate but nevertheless hold misconceptions about what is involved with probating an estate. We try to clarify and correct any misconceptions during the free initial consultation. In this article,… Read More »

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Questions to Ask an Elder Law Attorney

By Eric Millhorn |

Choosing the right elder law attorney involves more than looking at a website and asking a friend if they can recommend someone. Instead, people should schedule a free consultation with an elder law attorney where they can discuss their legal issue and ask questions. To help you choose the right lawyer, we have offered… Read More »

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How Long Does Probate Take?

By Eric Millhorn |

Probate is the process of winding up a deceased person’s estate under the supervision of the probate court. As part of the process, the judge will need to find that a person has died and pass on the validity of any will that the person created. The probate judge also names a personal representative… Read More »

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The Surprising Benefits Of Probate

By Eric Millhorn |

Probate gets a bad rap here at the Millhorn Elder Law Planning Group blog. Many of our articles state that probate is a lengthy, tedious process that people can avoid by creating the right estate plan. And this is still true. Often, you can minimize the number of assets that must go through the… Read More »

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