Florida: How to Apply to Serve as Administrator for an Intestate Estate
Detailed Answer Disclaimer: This is educational information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Florida attorney. When a person dies without a will (intestate) in Florida, the court appoints a personal representative (commonly called an administrator for an intestate estate) to collect […]
Read article →Florida: Enforcing or Disputing an Oral Agreement Dividing Wrongful Death Proceeds
Detailed Answer — How Florida law treats oral agreements about dividing wrongful death proceeds Under Florida law, wrongful-death claims follow rules that differ from ordinary contract disputes. The personal representative (executor) of the decedent’s estate normally brings a wrongful-death action, and any recovery is distributed to survivors under the Florida Wrongful Death Act (Chapter 768 […]
Read article →Selling Estate Property When a Co‑Administrator Refuses to Sign — Florida
How to sell estate real property when a co‑personal representative refuses to sign — Florida Detailed Answer — steps to take under Florida probate law When a decedent’s home is in probate in Florida and a co‑personal representative (co‑administrator) refuses to sign a deed or a contract to sell the house, you can usually still […]
Read article →How to Get Court Approval to Release Estate Funds When Parties Disagree — Florida
Release of Estate Funds When Beneficiaries Disagree — Florida Getting Court Approval to Release Estate Funds When Parties Disagree (Florida) Short answer: If beneficiaries or claimants dispute how estate funds should be split, the personal representative (executor) should not make final distributions without either getting a written settlement signed by all interested parties or asking […]
Read article →Florida — Which Assets Must Go Through Probate Court and Which Pass Directly to Survivors
Detailed Answer Overview: In Florida, whether an asset must be administered by the court (probate administration) or passes directly to survivors depends primarily on how the asset is titled and whether it has a valid beneficiary designation or transfer-on-death arrangement. Court administration is required for assets that are solely in the decedent’s name with no […]
Read article →Florida: Will Leftover Sale Proceeds from Parents' Home Be Distributed Under My Dad’s Will?
Detailed Answer When a parent’s home is sold and creditors are paid, whether any leftover money is distributed according to the deceased parent’s will depends on how title to the home was held, whether the property had special protections (like homestead), and whether the sale and payment of debts occurred through probate (court-supervised estate administration) […]
Read article →How to Get an Original Will Filed in Florida When a Relative Refuses
What to do when someone refuses to turn over a decedent's original will in Florida Detailed answer — how Florida probate handles an original will that a family member refuses to deliver Short answer: start by asking for the original in writing and preserving evidence, then open a probate case in the county where your […]
Read article →Florida: Can I Reimburse Myself from the Estate for Money I Paid Toward a Decedent's Vehicle Lien?
Short answer and overview Detailed answer Short answer: Possibly — but the route and likelihood of reimbursement depend on your role (personal representative versus beneficiary or third party), whether probate has been opened, whether the payment was authorized, and whether you properly document and present the expense to the estate. Under Florida probate law, estate […]
Read article →Florida — How Remaining Estate Funds Are Distributed to the Decedent’s Children
Step-by-step FAQ: How remaining estate funds are distributed to the decedent's children in Florida This article explains, in plain language, the common process a personal representative uses to distribute the remaining estate funds to a decedent's children after taxes, creditor claims, and administration expenses are settled under Florida law. This is educational information only and […]
Read article →Florida: Posting a Bond to Serve as Administrator of an Intestate Estate — What You Need to Know
Detailed answer When someone dies without a valid will in Florida, the court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute the estate to heirs. One common requirement of that appointment is a fiduciary bond — an insurance-backed guarantee that protects the estate and its beneficiaries if the […]
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