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Posts tagged "Estate Administration & Probate"

What is a probate curator?

As the probate process begins for the estate of your loved one in Miami, you will likely immediately learn of the importance of a personal representative. A personal representative is the one appointed (either by your loved one in his or her will, the court, or your own nomination) to oversee the administration of the estate. Yet a personal representative's authority is not automatic; it must first be granted by the court through the issuance of letters of administration. As that process is taking place, you may question who is managing your loved one's estate. 

Daughter and father's girlfriend at odds over his will

It is likely well known among most in Miami that the effects of advancing age can often leave people with a diminished mental capacity. It is at this time that they rely heavily in others (such as spouses, family members or caretakers) for their daily needs. While such service is often valued by other family members and friends who may not have the time to offer it themselves, the motives of those who provided it is often questioned if it appears that the recipients treated them favorably in their wills. Accusations of caregivers exercising undue influence over those nearing the end of their lives may be common in such situations.

Grieving mother left to deal with complex affairs of son’s estate

In a perfect world, Miami residents would see to their estate planning early on in life so that their family members and friends are not left scrambling to handle their affairs once they are gone. However, oftentimes people (especially younger adults) do not have the knowledge needed to effectively prepare their estate planning instruments, and little time to dedicate to acquiring it. Thus, it is something that often gets put off until tomorrow. Yet in the event that tomorrow does not come with them, their immediate may left to deal with not only their estate affairs, but also the aftermath of what may have caused their untimely deaths.

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.

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