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Orlando Probate & Estate Administration Law Blog

What happens to debt when someone dies?

If you have recently lost a loved one, you may be finding every day a struggle. Even if the death did not come as a surprise, coming to terms with the loss of someone close to you is difficult even under the best of circumstances.

While, in the immediate aftermath of your loved one’s passing, you might have to arrange a funeral, memorial service or burial, there are additional matters you may have to handle in the days to come.

What happens if you die without a will in Florida?

For many people, putting off unpleasant tasks comes as a natural instinct, especially when the task in question does not seem all that urgent. Unfortunately, making a will often falls into this category.

When a Florida resident dies without a will, his or her estate will enter probate as an intestate estate. This means the court appoints an administrator and distributes the estate's assets according to the provisions of Florida's intestacy laws. If you did not leave a will, this typically happens even if you otherwise expressed your preferences for distribution.

Business formation types that limit personal liability


When you establish your own small business, one of the most significant steps in the process involves determining what type of business structure might be best, given your needs.

While there are many considerations that typically go into making this decision, one thing you will probably want to consider is whether you could be personally liable, should someone sue your business.

Considerations before dissolving your Florida business


If you want to file a dissolution for your Florida business, you can easily find an online form to fill out through a state website. However, once you submit the request, you cannot change or cancel it. Making a mistake can cause you some legal headaches.

Therefore, it is better to speak to an attorney about the specifics of your situation before taking the step to close your company. Take into account the following considerations.

When is it good to go through probate?


Probate is the formal process of administering an estate under the supervision of the court. Probate often gets a bad rap for being lengthy, costly and unnecessary. While these things may be true in some cases, they can also be false in others.

Probate in and of itself is neither good nor bad. Its usefulness depends on your situation, so before you write it off, consider these times when going through probate may help you achieve a better outcome for your estate and its beneficiaries.

What business entity is right for your business?

When you are starting your first business, you probably experience high levels of excitement, hopefulness and drive. You may want to hit the ground running to reap the rewards of success right away.

Such anticipation is normal and can help you get through challenging times. However, if you rush through things, you can end up making mistakes that will be difficult and costly to undo.

What to do if you lose a business lawsuit

Owning a business can be a source of both delight and distress. One increasingly common negative to being an entrepreneur is the high risk of litigation. Lawsuits can appear from customers, employees, business partners and anyone else who interacts with your company.

Several methods exist to handle business lawsuits, such as arbitration, but sometimes litigation is necessary. You may have been confident that you would win the case only to have ended up losing. What do you do now?

3 Surprising facts about probate

Did you know that your assets may go through the probate process once you pass away? Unless you transfer your assets to your heirs through a living trust, pay-on-death accounts, gifts or joint ownership, much of your estate may go through probate before distribution.

Avoiding probate may be the best thing you can do for yourself, your loved ones and your estate. Here are some important facts about probate you should know.

How to turn down becoming a legal guardian of minors


Estate planning affects more than just the life and immediate family of the person creating the plans. Legally preparing for death or incapacitation can also impact the lives of extended family, friends and other loved ones.  

One of the ways it can do this is through the appointment of a guardianship. A guardian is someone who can make certain legal decisions, usually medical or financial, for another person. Guardianships can be beneficial for incompetent adults and for minors.

Protect your disabled child's benefits with a special needs trust


As the parent of a special needs child, you probably devote considerable time and attention to ensuring that your child has everything he or she needs with regard to health care, money, education and so on.

As a special needs parent, there are also certain steps you can take when it comes to estate planning for your special needs child, and these steps may differ broadly from those faced by other adults.

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