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Estate Administration & Probate Archives

What do I need to know about having an estate sale?

Estate administration can get complicated after the death of a loved one, especially if the deceased was your last remaining parent. You likely received an inheritance, which could include a monetary sum, as well as your parents’ possessions. In fact, your parents may have had more stuff than you are prepared to deal with or want to have in your own home. You and other Florida residents in the same situation may want to consider holding an estate sale.

Interested parties and contesting wills

When Florida residents want to contest a will, there may be a question as to whether they are an interested party as it pertains to the estate of the decedent. It is important to note that interested parties are not limited to the people who are listed in the last will and testament. Individuals who contest a will may be surprised to find that the number of people who qualify as an interested party may be much higher than they originally thought.

What are some misunderstandings about estate planning?

Do you ever think about what will happen to all your earthly belongings after you die? You may not dwell on it, but it is a good idea to at least give it some thought. Many people do this by creating an estate plan. However, not enough people are creating estate plans because they get caught up in misconceptions about why they should do it or when they should do it.

Probate can be avoided with careful planning

The goal of avoiding probate is near the top of the list for many Florida residents when establishing their estate plans. And while it is typically desirable to do so, probate is not necessarily a negative process and at times may be useful. For example, where there is a dispute regarding creditors of the estate or among the heirs or beneficiaries, probate can be the proper forum for resolution. However, where an expedited process of settling the estate as economically as possible is desired, there are ways to avoid probate.

How can I protect a loved one from being scammed?

While it’s sad to say, many seniors in Florida are vulnerable to a host of frauds and scams. It can be difficult for the elderly to recognize scams on their own, especially when they’re suffering from dementia or Alzheimer’s. The National Council on Aging offers the following tips on how you can help your loved one resist fraudulent requests.

Creating and revoking powers of attorney

Powers of attorney can be some of the most important documents to include as a part of an estate plan. These designations allow another person to act on behalf of the creator or principal. While some powers of attorney go into effect immediately, others take effect only when the principal is incapacitated. While some POAs grant authority for medical decisions, others allow for financial management decisions. In addition, others allow the named attorney-in-fact to handle both of these and other key issues. POAs can be critical in case of a severe accident or injury that leaves a Florida resident incapacitated and in the hospital.

Tips for creating an indestructible estate plan

Florida residents who live in the path of a natural disaster could lose their homes in an instant. That could result in losing important estate planning documents. Therefore, it is a good idea to have a backup plan that accounts for a possible worst-case situation. Individuals may choose to store information online, in boxes that can withstand strong elements or in a wallet or purse that's always on them.

How can I choose an executor for my estate?

The executor of your estate will be responsible for many essential duties after you’re gone. From settling outstanding debts to ensuring your heirs receive your assets, the duties of an executor are often quite complex. That’s why picking the right candidate is so important, and AARP offers guidance on how you can do just that.

What you need to know about the probate process

When a friend or loved one passes away, you may feel overwhelmed with emotion at the loss. During this hard time, it can be difficult to make important decisions regarding the deceased’s estate and property. If you are the estate administrator, you are responsible for overseeing the estate as it travels through the probate process. Probate is supervised by the court and ensures the property is taken care of and is distributed to the beneficiaries intended by the deceased.

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
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