Although there is no real way to expedite the process, probate sometimes becomes so lengthy because delays occur. Below, our St. Petersburg probate administration attorney outlines some of the most common delays and how to avoid them.

Missing Documents 

Probate courts require the original will, certified copies of the death certificate, affidavits and petitions. When these are not properly executed, it can create a delay as the court will have to resolve the issue. Common mistakes include wills that are not properly signed or witnessed, incomplete inventories, and missing affidavits for self-proving wills. Every instance of missing information will require additional hearings and requests for corrections.

Challenges with Personal Representatives 

Personal representatives are appointed by the probate court to oversee the administration of the estate. They are either designated by the decedent in the decedent’s will, or in the absence of a will, the person with preference for appointment under Florida law. When a personal representative is unprepared, unwilling, or unqualified, it can create delays in a case. Even skilled and good-intentioned personal representatives can find asset management, accounting, and deadlines challenging. Replacing a personal representative and disagreements among co-personal representatives all create delays during probate.

Contested or Unclear Will Terms 

Vague language used in a will or evidence of improper execution, lack of capacity, or undue influence can trigger a lawsuit. When a will is contested in Florida, a case moves from being routine administration to an adversarial court case that typically requires depositions, other forms of discovery, mediation, and potentially a trial. All of these can delay probate anywhere from a few months to a few years.

Creditor Claims 

There is a very clear timeline for notifying reasonably ascertainable creditors so they can file a claim against the estate, if necessary. Settling debt can take time but additional delays can occur if a claim filed by a creditor is disputed. For example, if the personal representative has reason to believe the debt is not valid, the dispute will need to be resolved and this also takes time.

Scheduling of the Court 

Although the scheduling of the court is not within your control, it can impact how long probate takes. Most matters are handled efficiently by the courts but complicated estates, motions, and disputes may not be scheduled for weeks, or even months. Procedural mistakes, such as failing to provide proper notice, can also create delays during probate.

Our Probate Administration Attorney in St. Petersburg Can Help You Through the Process 

Delays are sometimes a part of probate but it is also possible to move through them quickly, or avoid them altogether. At Legacy Protection Lawyers, LLP, our St. Petersburg probate administration attorney can help you through the process, resolve any dispute that arises, and ensure no mistakes are made that could delay proceedings. Call us today at 727-471-5868 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

Durable Power of Attorney 

The most common type is a durable power of attorney. With these documents, a person is designated as an agent to make medical and financial decisions for the incapacitated individual. A durable power of attorney remains effective until it is revoked by the principal, if they have the mental capacity, the court, or a court-appointed guardian. A durable power of attorney can also include an expiration date and the document is no longer effective after this date.

Medical Power of Attorney 

As the name suggests, a medical power of attorney gives another person the authority to make healthcare decisions on your behalf. No one can predict the future and a situation may arise when you are unable to make decisions for yourself. For example, if you are in a coma after a car accident, your agent named in a healthcare power of attorney can make decisions regarding the treatment you will or will not receive. You can also write down your medical wishes to ensure they are respected and to relieve the burden on your family.

Limited or Special Power of Attorney 

A limited or special power of attorney gives your agent authority over specific and restricted matters. For example, you may have a successful business but you have to leave the country for personal reasons for an extended amount of time. A limited power of attorney can give your agent the authority to make decisions and run the business on your behalf while you are away. However, if you become incapacitate during your lifetime, this is not the power of attorney to be used.

Our Advance Directive Attorney in St. Petersburg Can Explain Your Options 

Drafting a power of attorney can help protect you and your family, but there are many different types available. At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive attorney can outline your options, help you determine which one is right for you, and ensure your plan is executed properly so your wishes are respected. Call us today at 727-471-5868 or fill out our online form to request a consultation and to get more information.

Source:

flsenate.gov/laws/statutes/2010/709.08

Unfortunately, personal representatives can make mistakes. When they do, it can not only create delays during probate. It can also result in litigation and the personal representative being found personally liable for their mistakes. Below, our St. Petersburg probate administration attorney outlines the most common mistakes made by personal representatives.

Failing to Communicate Effectively 

Effective communication is critical during probate and ensures it will be successful. Personal representatives must communicate regularly with creditors, beneficiaries, and other important parties during the process. When they fail to do this, beneficiaries may feel left out, which can lead to frustration and the personal representative’s actions may even come under suspicion. A lack of transparency can result in disputes and mistrust among beneficiaries, which can strain family relationships and even result in legal challenges.

Mismanaging the Property in the Estate 

Failing to properly manage the property in the estate is more common than people think. Personal representatives may fail to ensure property is properly secured, make uninformed financial decisions, or fail to accurately appraise assets, which can all reduce the value of the estate and lead to beneficiary disputes.

Insufficient Record-Keeping 

It is critical that personal representatives keep detailed and extensive documentation to avoid financial discrepancies and legal challenges. They may maintain meticulous records of all transactions, decisions, and communications. This includes creating a full inventory of assets, beneficiary distributions, and payments made to creditors. Failing to keep detailed records can not only delay probate but it can also result in legal action against the personal representative.

Mishandling Beneficiary Disputes 

Beneficiary disputes sometimes arise during probate administration and it is essential that personal representatives handle these appropriately. Failing to maintain neutrality, facilitate open discussions, and foster compromise can all result in long delays. These tasks may be very challenging for a personal representative on their own. In these cases, it is important that personal representatives attempt to allow a third party, such as a neutral mediator, to handle the dispute so it can be resolved quickly.

Failing to Work with a Probate Administration Attorney in St. Petersburg 

For personal representatives in Florida, working with an attorney is not merely a recommendation. It is required by law. If you are heading into probate to administer someone’s estate, our St. Petersburg probate administration attorney can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can guide you through probate, provide the legal advice you need to ensure all tasks are completed properly to avoid disputes and delays, and make the entire process as easy as possible for you. Call us today at 727-471-5868 or fill out our online form to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.602.html

Although locating your loved one’s assets may seem like a fairly easy task, this is not always the case. Below, our St. Petersburg probate administration attorney explains in greater detail.

Review Estate Planning Documents 

If your loved one created an estate plan, these documents can provide a great deal of insight to the assets they owned. Review any will they left behind to determine if there is mention of real estate, bank accounts, or collections, or other valuable items. If your loved one established a trust, it may hold property and outline how it is to be managed. If you are having trouble locating these documents, ask your loved one’s attorney or financial advisor.

Financial Records 

Locating the property of your loved one will require more than just a review of their legal documents. Their financial records can also help shine a light on property. For example, your loved one’s checkbooks, bank statements, and online banking accounts may reveal accounts you were not aware of. Your loved one’s mail, email, and digital storage can also review certain assets, and their previous tax returns may show investments and other income sources you did not know existed.

Real Estate and Personal Property 

Locating real estate and valuable personal property can become complex, particularly if you are not aware of your loved one’s holdings or you do not have direct access to certain records. Your local county records can reveal property deeds for real estate owned by your loved one. You may also have to search for boat registrations, car titles, and other valuable property that may have been overlooked. If your loved one had a safety deposit box, you should speak to the financial institution about accessing it. People often leave their most valuable possessions in these boxes.

Digital Assets 

Today, not all property is physical and people often have many digital assets, as well. Your loved one’s email may provide clues about online portfolios or digital investments. Locating a digital wallet for cryptocurrency can also become complicated. You may need to look for digital keys, paper wallets, and other documentation. Sometimes, social media accounts can offer important information, such as the purchase of investments or the sale of property.

Our Probate Administration Attorney in St. Petersburg Can Help 

It can seem daunting to try and locate assets after losing a loved one but the above steps can ensure they are properly located and handled. If you need help with the probate process or need assistance with locating assets, our St. Petersburg probate administration attorney can help. At Legacy Protection Lawyers, LLP, our seasoned attorney can provide the legal help you need and can provide the guidance you need every step of the way. Call us today at 727-471-5868 or contact us online to request a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

What Happens During Probate? 

During probate, the property of the deceased is inventoried and valued. Creditors can make claims against the estate for unrecovered debt, taxes are paid, the will is confirmed if the decedent left one, and ultimately, the remaining assets in the estates are distributed according to the terms of the will or the intestacy laws of the state. There are different types of probate in Florida, depending on the size of the estate and the length of time that has passed since the death.

What Property is Subject to Probate? 

Generally speaking, any property owned by the deceased person, is subject to probate. However, there are certain exceptions. These include co-owned property with a right of survivorship, accounts with beneficiary designations, payable-on-death and transfer-on-death accounts, and property placed in a trust.

What Does a Personal Representative Do? 

The personal representative plays a very big role during probate. The personal representative administers the estate according to the law and the decedent’s instructions. They are either named in the decedent’s estate plan or the court will appoint them. When administering an estate, the personal representative is responsible for the following:

• Identify, gather, value, and safeguard the assets within the estate
• Publish a notice to creditors
• Defend will contests, trust challenges, and other legal disputes
• File tax returns and pay taxes
• Pay administrative expenses
• Provide accounting to beneficiaries
• Distribute property to beneficiaries
• Close probate administration

How Long Does Probate Take? 

The length of the probate process can vary, depending on the type of probate that is necessary. Formal administration, which is the most common type, can take one year or more, depending on if there are disputes and the complexity of the assets. Summary administration can take anywhere from a few weeks to a few months, but this type of probate is reserved for smaller estates.

How Much Does Probate Cost? 

The cost of probate varies depending on a number of factors. The cost can range from a few hundred dollars to hundreds of thousands of dollars. The costs of probate include court fees, attorney’s fees, personal representative’s fees, and others. Florida law outlines a sliding scale for both attorneys and personal representatives based on the size of an estate.

Do I Need a Probate Administration Attorney in St. Petersburg? 

Although everyone is advised to work with a St. Petersburg probate administration attorney, it is required for certain individuals, such as personal representatives. At Legacy Protection Lawyers, LLP, our seasoned attorneys can guide you through the process, provide the legal advice you need, and make the process less stressful for you. Call us today at 727-471-5868 or fill out our online form to request a consultation so we can review your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html

The trustee will take control of the trust after you pass away. They have a legal duty to follow the instructions within the trust and distribute the property accordingly. Choosing your trustee is one of the most important steps when establishing a trust. Below, our St. Petersburg trust planning attorney provides some tips to follow.

Important Considerations when Choosing a Trustee 

There are many important factors to consider when choosing a trustee. Although you can choose any trustee that is at least 18 years old, there are some characteristics your trustee should have. These include:

• Trustworthiness: Your trustee will have access to any property you placed in the trust and they will have little oversight. If you have any questions about a person’s trustworthiness, it may be best to appoint another person as trustee.
• Financial intelligence: Your trustee does not have to be a financial expert. However, they should have a basic understanding of finances, be able to make good financial decisions, and know how to manage a budget.
• Commitment to the trust: No one wants to think about it but trustees sometimes face pressure from other relatives to administer the trust in a way that differs from the instructions you left. Other family members may want to challenge how the trust is being managed. It is important to choose someone who will remain committed to the trust and the instructions you left within it.
• Willingness: Administering a trust can take a great deal of time and effort, particularly if the trust has a high net worth, multiple beneficiaries, complex assets, or if there is a dispute. Anyone you choose as trustee should be willing to take on the role.

Does the Trustee Have to Be a Family Member? 

Your trustee does not have to be related to you. Although many people choose loved ones, there are other options. People often choose a professional who has no relation to the family, usually an accountant or attorney, to take on the role of successor trustee. Trust companies and banks also administer thousands of trusts for grantors. These professionals can provide a high level of financial and legal expertise to ensure the trust is administered properly.

Our Trust Planning Attorney in St. Petersburg Can Provide the Advice You Need 

There are many decisions to make when establishing a trust and choosing a trustee is just one of them. At Legacy Protection Lawyers, LLP, our St. Petersburg trust planning attorney provides the sound advice you need so you can make informed decisions and have the confidence you need going forward. Call us today at 727-471-5868 or contact us online to request a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

How Do Payable on Death Accounts Work?

A payable on death designation can turn a bank account into an effective estate planning tool. Also known as a transfer on death designations for investment accounts, your bank or financial institution has forms you can fill out to name one or more beneficiaries to receive the funds in the account upon your death. As with other types of beneficiary payments, such as the proceeds of a life insurance policy, payable on death accounts are not subject to probate, which simplifies estate administration for your loved ones.

Advantages of Payable on Death Accounts 

Designating a beneficiary through a payable on death account allows your beneficiaries to receive the property automatically without the need for probate. While this is also true for trusts, payable on death accounts are less expensive and easier to set up than trusts. For people with smaller estates, a payable on death destination may be more efficient than establishing a trust.

Drawbacks of Payable on Death Accounts

Payable on death accounts do have certain issues, which often makes the expense of creating and funding a trust well worth it. The problems associated with payable on death accounts are as follows:

• Missed accounts: Payable on death designations only apply to one account, or a set of accounts, at a single financial institution. If you have multiple accounts at multiple banks, it is easy to overlook one or more, meaning these accounts will be subject to probate.
• No alternate recipients: You can designate more than one beneficiary on a payable on death account and they will each receive a certain amount or percentage of the account after you pass away. With the exception of IRAs and life insurance accounts, you typically cannot name alternate recipients. This means if you survive one of the beneficiaries named, the wrong person may receive the funds.
• No incapacity protection: The tools used in estate plans, such as trusts, can help you prepare not only for after your death, but incapacitation during your lifetime, too. The funds in a payable on death account are only transferred upon your death. If you become incapacitated during your lifetime, your loved ones may not be able to access the funds to pay for a nursing home, medical expenses, and other costs related to the incapacitation.
• Lack of creditor protection: Certain types of trusts can protect your property from being seized by creditors to repay debt you accrued during your lifetime. A payable on death designation does not offer this protection and so, trusts are sometimes a better option.

Our Estate Planning Lawyer in St. Petersburg Can Provide the Sound Advice You Need 

Our St. Petersburg estate planning lawyer at Legacy Protection Lawyers, LLP, knows that there is no one size fits all solution. We can advise you of your options, make decisions about your property, and execute your plan properly so you and your loved ones are protected. Call us now at 727-471-5868 or fill out our online form to request a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

How Does Divorce Impact Your Current Estate Plan?

Divorce has a significant impact on your current estate plan. Under Florida law, once your divorce is final the courts will treat your spouse as though they passed away before you when administering your will and taking other actions outlined in your estate plan. This can result in your estate plan having certain gaps and your property may be distributed to people you did not intend or expect. For this reason, it is critical to update your estate plan when getting a divorce.

Additionally, while the law may view your spouse as having passed away after the divorce is final, you are still technically married during divorce proceedings. If you happen to pass away before your divorce is final, your spouse can still receive any property you left them in your plan.

The Spousal Elective Share

Many people get divorced because they want to start a new relationship and eventually, even remarry. If you fail to update your estate plan after the divorce, your new partner may find that they have been unintentionally excluded from your plan.

While the law does treat your former spouse as predeceased, it does not mean your current spouse automatically takes their place in your plan. This can force your current spouse to exercise their spousal elective share, which is 30 percent of your estate. This can override your will and give property to your new spouse that you intended to leave for your children from a previous marriage or other heirs.

Likewise, depending on the language in your will, it may also unintentionally leave out children from the new marriage. This can not only leave your will open to a contest, but it can also leave your youngest and most financially dependent children struggling to support themselves after your death. Taking the time to update your estate plan during your divorce can ensure that your current spouse and all of your children receive their share of property after you pass away.

Our Estate Planning Attorneys in St. Petersburg Can Review Your Plan

When reviewing and updating your estate plan, it is always important to work with a St. Petersburg estate planning attorney. At Legacy Protection Lawyers, LLP, our experienced attorneys can review your existing documents, advise on the updates you may want to make, and protect your property and interests from your former spouse while also ensuring your current family is provided for. Call us now at 727-471-5868 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help when reviewing your plan.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Florida Law Does Not Allow No Contest Clauses

In the majority of states throughout the country, testators can include a no-contest clause in their will. Under these clauses, heirs can still contest a will. However, if they are unsuccessful, they do not receive any property from the estate. These clauses are meant to deter people from challenging a will because there is so much at stake.

However, Florida law does not recognize no-contest clauses and the courts will not enforce them. This means that if any person with an interest in your estate, such as a beneficiary or heir, does not agree with the contents of your will, they can challenge it in court.

Draft Your Will as Early as Possible 

Many people delay drafting a will because they do not want to think about their own death. However, no one knows what the future holds. If you suffer an illness that impacts your mental capacity, this makes it easier for people to challenge your will. Draft your will as early as possible and when it is clear that you are capable of making your own decisions.

Establish a Trust

The grounds for challenging a trust are the same as contesting a will. Challenging a trust, though, is far more challenging and complex. This deters many people from contesting a trust. Establishing a trust will also shield information from the eyes of someone who may want to challenge your wishes.

Ensure the Will is Executed Properly

Properly executed wills are much harder to challenge than those that are not. State law places many requirements on wills. They must be in writing and signed by the testator and two witnesses in the presence of each other. The best way to ensure your will is legally valid is to work with a St. Petersburg wills lawyer.

Tell Your Family About the Contents of the Will 

After you have drafted your will, it is important to have a conversation with all of your family members to inform them of its contents. This can make your wishes very clear, give you the opportunity to address any questions or concerns they have, and give your loved ones time to get used to the contents of the will.

Work with a Wills Lawyer in St. Petersburg 

The best way to ensure that your will is not contested is to work with a St. Petersburg wills lawyer. At Legacy Protection Lawyers, LLP, our experienced attorneys can ensure your will is properly executed and reflects your wishes so you and your family are protected. Call us now at 727-471-5868 or contact us online to schedule a meeting with one of our attorneys and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Ten Days to File Probate 

The ten-day deadline to file probate is the first deadline to occur during the process. This means that the person who is in possession of the deceased’s will must file it with the probate court in which the decedent passed away within ten days of the death. This is a firm deadline for estates of any size.

Issuing Letters of Administration

Before the personal representative named in the will can begin completing their various duties, the court must formally recognize them in the position. To do this, the court will issue Letters of Administration, which is a court order that provides the personal representative with the ability to handle any matter that would have been handled by the deceased. The court will typically send this court order to the personal representative between one to four weeks after the will is filed with the court.

Timelines Involving Creditors

Once probate has officially begun, the personal representative must notify creditors, typically through publication in a local newspaper. The law does not outline a specific time limit for this, but personal representatives are required to notify creditors promptly. Typically, notice is published for two weeks. Creditors then have just 90 days to file a claim against the estate if the decedent still owes debt.

If the probate process involves formal administration or ancillary proceedings, the personal representative must submit proof of the decedent’s death to the creditors within three months of publishing notice.

The last deadline involving creditors is four months from the time the notice to creditors was published. After four months, the personal representative must determine if the claims are valid and object to any invalid claims.

Accounting Objections 

Personal representatives must also provide an accounting to the court. The accounting details any funds paid from the estate, such as debts paid to creditors. The accounting also outlines the assets, liabilities, receipts, and disbursements in or from the estate. Any party with an interest in the estate can object to the accounting but they only have 30 days to do so.

Distribution Receipts 

After creditor claims have been paid, as well as taxes and other expenses due from the estate, the personal representative can then distribute remaining property to the beneficiaries as outlined in the estate plan. The personal representative must then provide distribution receipts to the court. This must be done within one year of the Letters of Administration being issued, in most cases.

Our Probate Administration Attorneys in St. Petersburg Can Help You Meet the Deadlines 

If you are currently administering a loved one’s estate, our St. Petersburg probate administration attorneys can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can guide you through the process, ensure all important deadlines are met, and make things as easy as possible for you. Call us today at 727-471-5868 or fill out our online form to request a consultation with one of our experienced attorneys.

Source:

flsenate.gov/laws/statutes/2000/732.2025