How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated? (FL)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Under Florida law, if a decedent owns a life insurance policy but has not named a beneficiary or all named beneficiaries have predeceased the insured, the proceeds become part of […]
Read article →How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in FL
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Florida law, a personal representative (also known as an estate administrator) must collect assets, pay debts and expenses, and distribute the remaining estate property to beneficiaries. If a […]
Read article →How does intestate succession work in Florida when no will exists and decedent has no spouse and two children?
Detailed Answer When someone dies without a valid will in Florida and leaves no surviving spouse, the estate passes entirely to the decedent’s children under Florida law. Specifically, Florida Statutes §732.102(1)(d) provides that if there is no surviving spouse, the entire intestate estate goes to all of the decedent’s descendants, per stirpes. In your scenario […]
Read article →How does intestate succession work in Florida when decedent dies with no spouse and three children?
Detailed Answer Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation. In Florida, when a person dies without a valid will (intestate) and leaves no surviving spouse, the estate passes to the decedent’s descendants equally, per stirpes. Under Florida Statutes […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs? (FL)
Detailed Answer 1. Determine Intestate Heirs Under Florida Law When a homeowner dies without a will in Florida, the property passes by intestate succession. Florida Statutes §732.102 outlines the order of heirs. If the decedent leaves a spouse but no descendants, the spouse inherits the entire estate. If the decedent leaves descendants (children) but no […]
Read article →What steps are involved in a Florida Medicaid estate recovery claim against inherited property?
Detailed Answer When a Florida resident receives Medicaid benefits and later passes away, the Agency for Health Care Administration (AHCA) may recover paid benefits from the recipient’s estate, including inherited property subject to probate. Below is a step-by-step breakdown of the process under Florida law: Open Probate and Inventory Assets The personal representative files for […]
Read article →How to Apply for a Medicaid Hardship Waiver in Florida to Protect Inherited Property from Estate Recovery Claims
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For personalized guidance, consult a licensed Florida attorney. Detailed Answer Florida law requires the Medicaid program to recover costs paid for certain long-term services from the estates of beneficiaries age 55 or older. See Fla. Stat. § 409.910. Federal regulations allow […]
Read article →How to Determine Intestate Heirs of My Father's Estate in Florida
Detailed Answer When someone dies without a valid will in Florida, the Probate Code (Chapter 732) governs how their estate passes to heirs. To determine your father’s intestate heirs, follow these steps: Check for a surviving spouse: If your father was married at his death, his spouse inherits first. Under Florida Statute § 732.102, the […]
Read article →Can I appeal a probate court decision removing a personal representative? (FL)
Detailed Answer If a probate court removes your personal representative, Florida law recognizes your right to appeal to the District Court of Appeal. Removal orders fall under authority in Fla. Stat. § 733.507 (grounds for removal) and the related procedures in § 733.508. These statutes allow any interested person to petition for removal and define […]
Read article →Does the personal representative have to provide me a copy of the accounting in a Florida probate matter?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed attorney. Detailed Answer Under Florida law, a personal representative (executor or administrator) must provide copies of the probate accounting to all interested persons. The probate accounting summarizes the estate’s assets, liabilities, […]
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