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Estate Administration & Probate Archives

Beneficiaries questioning administrative costs of estate

Estate administration can often become a contentious affair, even when Miami residents have done their due diligence in preparing wills prior to their deaths. Particularly in cases involving a high volume of assets, those who believe that they may have an interest in an estate may contest documents and ask that rulings be revisited at seemingly every turn, thus prolonging the administration process for years. Such long, drawn-out legal battles can take a heavy toll on an estate’s assets.

NFL team asked to pay deceased player’s signing bonus

One vital function of those who have been asked to assist in the administration of an estate in Miami is resolving all claims both for and against a decedent. The outcome of such claims could potentially have a significant impact on the overall value of the estate. Thus, beneficiaries, creditors and other interested parties to an estate likely want to see such actions resolved given the impact that it may have on their own personal interests. This may be true despite however seemingly odd (or even distasteful) a claim may be.

How does summary administration work?

You may hear from several people in Miami that one of the main reasons why you should not put off your estate planning is to avoid probate. Probate avoidance strategies have been detailed in previous posts on this blog, yet one question you may want to first ask is whether or not an estate that you are party to even needs to be probated. If you have been named as the executor of an estate, you will especially want to know this before becoming consumed with worry about having to go through probate.

Detailing the probate process in Florida

Many in Miami have likely heard from countless people that they should do what they can to avoid having their estates go to probate. This is due to the fact that the probate process can be time-consuming (sometimes lasting longer than one year), and any expenses associated with it are drawn directly from estate assets. However, many estate cases are still heard in probate courses every year, and for those unfamiliar with the legal guidelines regarding estate administration, the assistance offered by the probate court may end up justifying the expense.

Detailing the process of confirming death

Like most in Miami, you might assume that estate matters deal only with the disbursement of property and assets in accordance to one’s wishes. Typically, those wishes are honored after one has died. Yet, as crazy as it may seem, we at The Law Offices of Frye and Vazquez, P.L. can attest to the fact that part of dealing with an estate is actually proving that a testator is dead. You may consider this to be a simple matter, yet as is the case with any aspect of probate and estate administration, the potential for complications exists.

Energy company and former CEO’s estate reach settlement agreement

One of the things that Miami residents may forget when engaging in estate planning is how their debts will be dealt with when they are gone. Some may think that creditors’ claims may die with a decedent, yet as long as there are assets in an estate, creditors may lay claim on them as payment for what they are owed. That is why it is recommended that people make an accurate accounting of both their assets and liabilities in their estate planning documents so that their beneficiaries do not feel blindsided when creditors come to collect.

Insurer sues to avoid paying benefit to man who killed his mother

Many in Miami may joke about people wanting to do away with their wealthy parents or relatives so that they can inherent their money. Yet as difficult as it may be for some to believe, circumstances may actually arise where one who caused another’s death may attempt to claim inherited benefits. Most states (Florida included) have what are termed to be “slayer statutes” which prohibit a person who has killed someone else from benefiting from the decedent’s estate. However, simply because such laws are in place does not mean that some may believe their cases to qualify as exceptions.

Detailing the payment of a personal representative

Acting as the personal representative for an estate in Miami can be quite an awesome responsibility, and one that many have come to us here at The Law Offices of Frye and Vazquez, P.L. so seek guidance in fulfilling. If you have been asked to assume this role, one question that may be lingering in your mind is whether or not you may be compensated for the work that it demands. You may be happy to hear that Florida law does allow you to be paid for your service.

Understanding the difference between heirs and beneficiaries

Like most in Miami, your familiarity with estate planning terms likely comes from those stories shared by popular media. Thus, you have likely heard the terms "heir" and "beneficiary" used somewhat interchangeably. Yet we here at The Law Offices of Frye and Vazquez, P.L. may caution you from forming opinions on estate planning topics without first consulting with an expert. Even simple misunderstandings between the true meanings of terms could potentially affect your interest in estate matters that you fell you should be a party to.

Getting help with the legal elements of estate administration

When someone creates a will, they typically name someone to serve as the executor of the will. This person will be responsible for a wide range of duties, and he or she is often assigned this role because the decedent trusted and respected this person.

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