Florida: Surviving Spouse Rights When Your Spouse Died Without a Will
What to Do If Your Spouse Died Without a Will and Their Family is Cutting You Out Quick overview: If your spouse died intestate (without a will) in Florida, state law gives the surviving spouse important statutory rights to property, the probate process, and certain decisions about the estate. Family members cannot legally exclude you […]
Read article →Florida: How to Get Appointed Estate Administrator (Personal Representative) When a Spouse Dies Intestate and Family Won’t Cooperate
What to do in Florida if your spouse died without a will and their family won’t cooperate Quick overview: In Florida, when someone dies intestate (without a will), the probate court appoints a personal representative (commonly called an administrator or personal representative) to collect assets, pay debts, and distribute property under the state’s intestacy rules. […]
Read article →Claiming Foreclosure Surplus Funds for a Deceased Parent in Florida
Detailed Answer Short answer: If a foreclosure sale generated surplus proceeds and the former owner is deceased but no probate was opened, the surplus is normally held by the clerk of the circuit court. Heirs or a personal representative must establish a right to those funds. That usually requires proving heirship (through probate, summary administration, […]
Read article →Do You Need Probate to Recover Surplus Funds in Florida?
How to Recover Surplus Sale Proceeds in Florida Without (Always) Opening Probate This FAQ explains when you must open a Florida probate estate to recover surplus funds from a sale (for example, a foreclosure or tax deed sale), what alternatives exist, and practical next steps. Short Answer No — you do not always have to […]
Read article →Transferring an Inherited Membership Interest in a Florida Single-Member LLC
Transferring an Inherited Membership Interest in a Single-Member Florida LLC — FAQ This FAQ explains how an inherited membership interest in a single-member limited liability company (LLC) is handled under Florida law and the practical steps an heir or personal representative should take. Detailed Answer: How transfer works under Florida law When the sole member […]
Read article →Florida: Documents to Show a Bank That a Family Member Was the Sole Member of an LLC
Detailed Answer Short version: The Florida Department of State (Sunbiz) can provide certified public filings such as the Articles of Organization and a Certificate of Status, but those filings usually do not list members. To prove someone was the sole member you will usually need a mix of (1) certified state filings from Sunbiz, (2) […]
Read article →Florida: How to Ask the Probate Court for an Accounting of Estate Assets
FAQ: Your Right to an Accounting in Florida Probate Detailed Answer Yes. In Florida probate, an interested person may ask the probate court to require the personal representative (also called the executor or administrator) to provide an accounting of estate assets, receipts, disbursements, and transactions. Florida law sets out the duties of a personal representative […]
Read article →How to Qualify as Administrator of a Sibling’s Estate in Florida
Detailed Answer If a person who lived in Florida dies without a will (intestate), the court appoints a personal representative to administer the estate. A personal representative appointed when there is no will is often called an administrator. Florida law sets who has priority to serve and the steps to be appointed. Who has priority […]
Read article →Florida: Recovering Funeral Expenses and Pre-Administration Costs
Recovering Funeral and Pre-Administration Costs in Florida: What You Need to Know Detailed answer — how recovery works under Florida law Yes — in Florida you can often recover funeral expenses and other reasonable costs you paid on behalf of a deceased person, but recovery depends on how the decedent’s property is handled and the […]
Read article →Florida: If Divorce Wasn't Final — Can an Estranged Spouse Still Claim the Estate?
Short answer: Under Florida law, if a divorce had not been finalized when the person died, the parties were still legally married. That means the surviving spouse generally keeps the legal rights of a spouse for estate and probate purposes—so an estranged spouse can often inherit under a will, take against a will through Florida's […]
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