Orlando Probate & Estate Administration Law Blog

Should you file a quiet title action before you list a property?

Listing real estate for sale can be a stressful, protracted process. Between showings and signings, there is so much to worry about and handle. You probably want to maximize how much you can make on the sale while also minimizing the last-minute investments and work you do on the property.

While you worry about that unsightly popcorn ceiling or getting rid of outdated fixtures in the kitchen, don't overlook one of the most important aspects of your home, which is its title. Depending on how you assumed title for your property, there may be some legal complications that could increase the amount of work or length of time required for you to successfully transfer the property to someone else.

The consequences of not filing a will for probate

If you are in the possession of a deceased person's will, it may be because you intend to serve as the executor of the estate. While you are not required to serve as the executor, you do have the duty to file the will in court to begin the probate process.

Failing to file the will to the court could lead to serious consequences. If you have been named as the executor of an estate, you should take the time to understand the implications of avoiding filing a will for probate.

How a domesticated foreign judgment might be enforced

 

Imagine you are part of a lawsuit in New York or California, and at the conclusion, you receive a significant monetary judgment. But the case took a long time to resolve, and the defendant has since moved to Florida. All their assets are now in the Sunshine State – meaning if you want to collect what you are owed, it has to happen in Florida.

How job loss can impact divorce proceedings

Divorce can come with plenty of financial setbacks. But when one partner loses their job amidst the separation, it can cause significant stress and anxiety for everyone involved. The loss of a job can create a sense of financial uncertainty, as some may not know when they'll find a new source of income.

Sometimes, the spouse who lost their job may worry about how their unemployment could get viewed by the court. As such, their current standing could have a significant impact on the outcome.

What debts must you pay while handling someone's estate?

Serving as the administrator of someone else's estate is in some ways an honor, but it is also often very stressful. You will have to fulfill financial and legal obligations on behalf of your deceased loved one while also dealing with the demands and wishes of their surviving family members and beneficiaries.

Sometimes, the people handling an estate overlooked a very important aspect of the process, which is the settlement of outstanding debts. Before you do anything else with assets from the estate, you have an obligation to creditors to repay them for money owed by your deceased loved one. Knowing which debts you must pay can help during the estate administration process.

What is a probate dispute?

Probate disputes arise when beneficiaries disagree about the management of the estate after someone's passing -- usually a parent. These disputes can take a lot of time and resources to solve, and they are one reason that it is wise for people to be as specific as possible when doing their estate planning. A clear estate plan is one of the top ways to avoid a dispute.

Will contests

Is a sibling the right trustee for a special needs trust?

As a parent of a special needs child, you likely have concerns about the care and protections your child will have in the future when you can no longer be there for them. Planning for the financial solvency and physical care of a special needs child is one of the many unique considerations that most parents don't have to ever worry about.

The creation of a special needs trust can give you peace of mind, as you know that your child will have the resources they need regardless of what happens to you. However, you also need to name someone as the trustee who will administer the trust and manage the funds on behalf of your special needs child.

Special issues that women should consider during estate planning

The ideal for the legal system in many ways is equal treatment for everyone under the law. However, people of different backgrounds have different concerns they need to address. That is certainly true in estate planning, where women may have to consider a different reality than men do.

Creating an estate plan is something that every adult with a job, assets or dependents should do. For women creating or updating an estate plan, there are certain special considerations that they should take under advisement during that process.

What to do when your parents die broke

Losing your parents at the same time or within months of each other is a very difficult situation to face. Handling your emotions is hard enough, let alone handling their estate. You may be at a loss of what to do, especially when you realize that they passed on when they were broke.

What do you do when your parents left a large amount of debt and not enough money and assets to pay it back? Do you have the responsibility to cover your parents' debts?

Things to know as a trust beneficiary

Wills are arguably the most commonly known tool within an estate plan. However, there are additional options, such as trusts. In fact, they can benefit certain estate holders, depending upon the estate and intended outcomes.

For those who choose to utilize a trust, it is important to note its differences from a will. Whether you are the creator or recipient of a trust, it is important to understand a few key things. 

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