Category Archives: probate
Lawsuits Against Personal Representatives
The personal representative of an estate is charged with many important tasks, such as safekeeping estate assets and paying off debts. Because this person has such control over estate assets, the opportunity for them to steal or waste assets is very great. At Millhorn Elder Law Group, we receive many questions about whether a… Read More »
Three Common Probate Problems
For some estates, probate will be a seamless process. If the estate is very small, then there might not even need to be probate. Instead, the estate can be wound up using disposition without administration. Other estates can take advantage of a “summary administration,” which makes the probate process quick and easy. However, other… Read More »
Compensation As A Florida Personal Representative
Being the personal representative of an estate is a lot of work. Not only must you submit the deceased’s will to probate court, but you will also need to deal with the estate’s assets and debts. Many people serve as personal representative for their parents or for their spouse but are unaware of the… Read More »
Summary Administration For A Florida Estate
Generally people who are taking steps to get their estates in order for the benefit of their heirs or beneficiaries are advised to avoid probate when selecting the methods through which their property will be passed on. People are usually advised to avoid probate because of the time and expense of it. However, depending… Read More »
The Duties Of A Personal Representative In The Probate Process
When a person passes away in Florida, his will goes through probate. This means that the will goes through a court process in order to be validated and accepted as the true last wishes of the deceased person. When a person writes a will, they name a personal representative or executor in the will… Read More »
How Creditors Can Affect Your Estate Plan
A concern that may arise in the course of estate planning is the question of what happens to the debts a person accumulated in his lifetime when he dies. Generally speaking, debts are not inherited by a person’s family members or heirs under a will. This does not mean that all debts get erased… Read More »
Select Ways To Transfer Real Estate Property Without Going Through Probate
Sometimes when two or more people co-own real estate property they want to ensure that if one of them passes, the other owner’s’ property interests are protected, and any transfer of property rights is done in a simplified way that avoids probate court. Choosing the right type of conveyance for your heirs can be… Read More »
Ways to Avoid Probate
After someone dies and they have a will, it must pass through probate. Probate is the process where the will gets submitted to the court by the executor of the will, and then the court supervises the executor throughout the probate process. The probate process involves gathering the assets of the deceased person and… Read More »
Professional Trust Administrators
If you are planning your estate, chances are it will include at least one trust. In order to create a trust, a grantor must name a trustee. Trustees perform many functions, including the administration of trusts. However, in this article “trust administrator” and “trustee” are used interchangeably. Sometimes a grantor will want to name… Read More »
What Exactly is Probate, Anyway?
Probate is an important part of the process of estate administration process after someone dies. Ultimately, anyone who is interested in creating an estate plan should reach out to an attorney to learn more about the probate process, and how it could affect their future estate. What Probate Is Probate is a legal process… Read More »