You’ve been named personal representative of a Florida estate — the person the will (or the court) puts in charge. Here’s what the job actually involves, in the order it happens, and the two mistakes that create personal liability. Before you’re appointed Deposit the original will with the clerk of court — Florida requires this...
Probate
The most common probate question, and the one with the most disappointing answer. A Florida formal administration essentially never finishes in six weeks, no matter what anyone promised — and the reason is the law itself, not slow lawyers or slow courts. The timeline, phase by phase Getting appointed (weeks 1–6). Documents get gathered, the...
It’s usually the second question a family asks, right after “how long will this take.” Here’s the honest answer, including the part about the statutory fee schedule most websites bury. The statutory attorney-fee schedule Florida Statute §733.6171 sets a schedule of attorney’s fees that are “presumed reasonable” for ordinary services in a formal administration, based...
Florida gives you two main ways to probate an estate: formal administration and summary administration. Families almost always want the short one. Sometimes they’re right. Here’s how to tell. Summary administration: the short form Summary administration is available in two situations: the probate estate is worth $75,000 or less (not counting exempt property like the...
I was talking to someone the other day who wanted to change their Will, which was not originally drafted by me, and asked me if I would do a a codicil for them. I told them no. While I would be happy to draft a new will from scratch, I don’t do codicils to wills...
This post concerns what I see are the dangers of people buying fill in the blank Wills in stores, over the internet, or using consumer software. And I am going to admit right up front that I have a personal and financial bias. My job is to provide estate planning services, which may include wills,...