How do I confirm if workers’ compensation payments were applied to my medical bills in Florida?
Detailed Answer If you received treatment for a workplace injury, you have the right to confirm whether your workers’ compensation carrier paid your medical provider. Under Florida law, employers or their insurers must pay authorized medical bills according to the fee schedule in F.S. 440.13(2)(a) within 30 days of receipt, as required by F.S. 440.20. […]
Read article →What Are the Risks of Probating My Father’s Estate Without a Lawyer in FL?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Probating an estate involves navigating Florida’s complex rules under the Florida Probate Code (Chapter 733, Florida Statutes). Handling this process without a lawyer can save fees but carries significant […]
Read article →If Real Property Passes Automatically at Death in Florida, Why Probate the Will?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Florida, some real property interests transfer automatically at death without probate, while others require a formal probate administration under Florida’s Probate Code (Chapter 733, Florida Statutes). Understanding the difference helps you plan effectively. 1. Transfers by Operation of […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Florida
How to Notify Creditors and Handle Claims After a Death in Florida Disclaimer: This article provides general information under Florida law. It does not constitute legal advice. Always consult a licensed attorney for guidance. Detailed Answer 1. Appoint a Personal Representative After a loved one passes, the court appoints a personal representative (formerly “executor”) to […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in Florida
Detailed Answer Under Florida law, you must submit a certified copy of the decedent’s death certificate to open a probate estate. Florida Statutes §733.602(3) requires that “a certified copy of the death certificate of the decedent must accompany the petition for administration.” Read §733.602(3). Similarly, Florida Statutes §735.201(3) mandates a certified copy of the death […]
Read article →How do I prepare an heirship affidavit in Florida?
Detailed Answer In Florida, when a person dies without a will (intestate) and certain conditions are met, you can use a small estate affidavit—often called an heirship affidavit—to collect assets without formal probate. This process is governed by Chapter 735 of the Florida Statutes. Step 1: Confirm Eligibility The decedent was a Florida resident for […]
Read article →Can I Open an Estate and Become the Personal Representative in Florida if I Am the Mother-in-Law?
Detailed Answer Under Florida law, the personal representative (also called executor) manages estate administration. Florida Statutes section 733.301 outlines who may serve. The court appoints in priority order: devisees under a will; the surviving spouse; heirs at law; creditors; and finally any other interested persons. As a mother-in-law, you do not fit into the primary […]
Read article →How can I probate a will that was not witnessed or notarized in Florida?
Detailed Answer In Florida, a valid will must be in writing, signed by the testator, and witnessed by two individuals present at the same time. Fla. Stat. §732.502 outlines these execution requirements. If a will lacks witnesses or notarization, you cannot probate it under normal formalities. However, you can still attempt to admit the will […]
Read article →Can I elect to receive a life estate instead of an intestate share in Florida?
Disclaimer: This is not legal advice. Consult an attorney for advice tailored to your situation. Detailed Answer Under Florida law, the option to take a life estate rather than an intestate share applies only to a surviving spouse in certain circumstances. Florida’s Constitution and statutes outline when a spouse may accept homestead rights or elect […]
Read article →How does an executor obtain an EIN for the estate in Florida?
How Does an Executor Obtain an EIN for the Estate? Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a person dies owning assets that generate income, Florida law requires the estate to file federal tax returns. To do so, the appointed executor must obtain an Employer […]
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