Taxation & Estate Planning

Florida Probate Myths - A trust always avoids probate in Florida

Posted on August 24, 2007
This is a common misconception! (Unfortunately, too common) Trusts do NOT avoid probate if the trust (revocable trust or living trust) was not funded properly before the death of the decedent. Share This

Florida Probate Myths - ?Quick Claim? Deeds and Florida Probate

Posted on August 22, 2007
First things first.  It’s not a “quick” claim deed , it’s a quit claim deed. If a quit claim deed or a warranty deed was properly executed from a decedent to a beneficiary BEFORE the decedent died, that property is not considered a “probate asset,” and does not have to go through probate in [...

?Quick? Q&A - What happens if I can?t find the Will?

Posted on August 20, 2007
Marie from Rochester, NY has turned her father’s house upside down and can’t find the Will. “Quick” Question: “My dad who ironically was an attorney, died and we can’t find his Will. We have no reason to believe that he wrote a Will other than the fact that he was an attorney and we find it [...

Can?t find the Will? A few tips!

Posted on August 14, 2007
Every once in a while, we get a call from a prospective Florida probate client who spends about 20 minutes explaining who inherits under the decedent’s Last Will and Testament, only to finish by saying “but I only have a copy of the Will.” That IS a problem...

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How to choose a Florida Probate Attorney

Posted on August 08, 2007
There are a number of ways to choose a Florida Probate attorney. Sure, we could sit here and say “choose us, we’re the best,” but the reality is, we aren’t always the best option. For instance, (1) we don’t generally do probate litigation; (2) we can’t help you if the probate needs [...

?Quick? Q&A - ?Can I change title to real estate without Florida probate??

Posted on August 07, 2007
Janice from New Mexico wanted to know if probate was necessary to change title to real estate: “Quick” Question “My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there...

Tax Overbids and Excess Proceeds

Posted on July 26, 2007
We handle many Florida probate cases for claiming tax overbid or excess proceeds. But what are they exactly? Overbids or excess proceeds usually refer to the excess “profit” on real estate that has been sold at a tax auction. The usual case is where a property owner has failed to pay the property taxes [...

Probate for a Timeshare?

Posted on July 25, 2007
There’s been an influx of calls from prospective clients who are interested in the probate of a Florida timeshare. Timeshare interests are similar to any other real estate interest with regard to the purchase and sale formalities. A timeshare has a legal description and is/was transferred by deed...

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