Articles Posted in Probate Wills Trusts Estates

When someone dies in Florida, here are some first steps to take for legal matters: Find Original Will. Find the original, signed last will and testament, then give it to your lawyer. The Florida Probate Code requires that it be filed with the Court within 10 days after learning of the death. Secure Home. The…

Sometimes Pinellas County probate attorney Jim Martin represents the surviving spouse of a Pinellas County Florida resident who has died. The surviving husband or wife of a Pinellas County deceased person might not be named in the will but still has rights under Florida law. For example, the Florida Probate Code provides for elective share,…

The Florida Probate Code generally requires that creditors file claims with the probate court within just three months after notice to creditors is published by the personal representative of the decedent’s estate. If the claim is not properly filed on time, then the personal representative is generally not required to pay the creditor. Of course,…

Of course, one of the first steps when someone dies in Pinellas County Florida is disposition of the body. This is handled by a licensed funeral home or the Pinellas County Medical Examiner. There is usually no dispute concerning disposition of the body. Usually the decedent’s surviving spouse and children agree upon the arrangements. In…

Many Florida residents own real property in other states. So, a frequent question is: which state law applies when a decedent owns assets in more than one state? The answer depends on two things: Domicile of Decedent. The first question is where was the decedent’s domicile at date of death? Domicile generally means the place…

It’s been a year since my rich uncle Harry died in Florida. How long do I have to contest his will? It’s been two years since my mother died, and my brother keeps telling me her will is still in probate. When will I get my inheritance? My sister says our mom left everything to…

What happens to man’s best friend when man dies? In the eyes of the law, your dog, cat or other pet is just another item of tangible personal property. Like a table, chair, desk, or lamp that you can give away in your last will and testament. This means that you can name someone to…

Should You Tear Up Your Old Will When You Sign A New One? Should you tear up your old will when you sign a new one? It depends. Here are the general rules you need to think about if you’re a Florida resident: You can sign a last will and testament that names who gets…

If you are holding a Florida resident’s last will and testament, you have just ten days to file it with the Clerk of Court after you learn of the death. That’s Florida law. It applies to the original of the will, not copies. In a recent case, a daughter allegedly failed to file an original…

When a Florida resident dies, creditors have two years to file their claims for debts. Most beneficiaries of Florida probate do not want to wait two years to collect their inheritance. That’s why Florida probate lawyers publish notice to creditors and then serve notice to creditors on all possible creditors. It shortens the time for…