Probate Administration Lawyer Orlando Florida

Helping You Navigate the Probate Process

When a loved one passes away in Florida, a legal proceeding is often necessary to achieve two crucial objectives: 1) transferring the decedent’s assets to the rightful beneficiaries, and 2) addressing the decedent’s outstanding debts. This process is known as “probate administration.” At Bloodworth Law, our experienced Central Florida probate attorneys are here to guide you through this complex process with care, compassion, and expertise. Contact us today to learn more about our comprehensive probate services.

Understanding Probate Administration in Florida

Probate administration in Florida can vary depending on several factors. In some cases, an expedited summary administration may be possible. However, more often, a formal administration is required to ensure all legal requirements are met.

We invite you to explore the following links for detailed explanations of both summary and formal probate administration, as well as common issues that may arise during the process:

Summary Probate Administration
Formal Probate Administration
Ancillary Probate Administration
Duties of Florida Personal Representative
Florida Homestead
Creditor Issues and Representation
Exempt Property in Florida Probate
Florida Probate Disputes

If you need assistance with a probate or related matter in Central Florida, you trust Bloodworth Law to provide knowledgeable and compassionate legal support. Contact us today to schedule a consultation with one of our skilled probate attorneys.

What is Probate and Why Does a Will Have To Go Through Probate?

Probate is the legal procedure your estate goes through after you pass away. A court will start the process of distributing your estate to the proper heirs.

Let’s discuss why a will has to go through probate. Probate is the legal transference of titles of assets of the creator of a will, the testator, to the will’s beneficiaries. If there’s an asset for which there is no beneficiary named — which means there’s not a Payable On Death beneficiary named within an asset — then it has to go through probate.

If there’s a will, then the will directs where an asset goes. However, there may be problems with the will, which ensures that it will go through probate.

Asset with a Title? No Beneficiary? Probate

If an asset has to have its title transferred after the testator dies, and there’s no named beneficiary, then it has to go through probate, whether there’s a will or not.

Married testator
Owned by testator
Testator doesn’t leave home to their spouse

For example, probate is necessary when a testator is married, and they live with their spouse in a house that is their homestead. But in this scenario, the house is owned only by the testator. Under the testator’s will, he attempted to leave the house to someone other than his spouse.

However, pursuant to Florida law, the testator is not allowed to do that. Under Florida law, the spouse is entitled to a life estate in the house so that they can live in the house until they die.

Spouse Can’t be Left Homeless

Alternatively, the spouse can take 50% of the value of the house and the remainder would go to the beneficiary named in the will. Florida law does not allow a testator to leave their spouse homeless.

Sometimes, people attempt to do this, but if and when this fails, they are going to have to go through probate.

What if there are children? What if there’s an ex-spouse that the home was promised to? There are many situations where you may incorrectly put in your will that you want “X” to happen.

Florida Law Decides What is Allowed

But just because you put it in there doesn’t mean that you’re allowed to do it. For example, let’s say when you create your will, you’ve accumulated quite a lot of money. You’ve put specific amounts into the will stating, “Child A is going to get $10,000. And this person will get $10,000, this person will get $5,000.”

Assets Increased or Decreased?

But at your death, if your assets have decreased or increased, then the specific amounts have to be adjusted and will have to go through probate.

Creating a will and estate planning are not do-it-yourself projects. If you’re over 18, you should have your estate planning completed and your legal documents reviewed by an attorney.

Reed Bloodworth is the managing partner of Bloodworth Law. Give Reed a call to talk about how Bloodworth Law can help you and your family.

What Are the Most Common Reasons for a Florida Probate Lawsuit?

There are many causes for arguments to become emotional and litigious among siblings, spouses, ex-spouses, stepfamilies, relatives, and beneficiaries over a will.

It often is based on a belief that there was something illegal or improper taking place. Or that someone is left out of an estate. This may occur at any point in the process when a will is executed or after the death of a loved one. These types of arguments include items such as:

Powers of Attorney;
Homes, land, and property;
Insurance proceeds;
Creation of a new Will;
Investments;
Transfer of property before a death;
Post-divorce will revocation;
Disputes with a personal representative;
Guardianship issues;
Creditor claims;
Pay on death designation on accounts;
Fraud;
Marital settlement agreements;
Illness, Dementia or Alzheimer’s issues;
Validity or execution of a will; and
Distribution, management, sale, transfer, and accounting of estate property

The arguments that can occur before and after a death may start with questions and end with yelling and accusations. Emotions can cause things to get out of hand, so before that happens or whenever you question a situation, hire an attorney to help resolve the differences.

When And How to Fight Probate Disputes

Bloodworth Law handles many probate litigation cases, and attorney L. Reed Bloodworth talks about when and how to fight probate disputes.

Florida probate litigation – which is a legal action pertaining to a will — is usually first considered by an individual when they receive a Notice of Administration.

When you receive a Notice of Administration, don’t waste time. There’s a short window to dispute a will, sometimes as few as 20 days.

Ancillary Administration

Under specific circumstances, initiating a probate proceeding in Florida is necessary for nonresidents who passed away owning assets within the state. For instance, if a New York resident dies owning a vacation home in Florida, a Florida probate proceeding is required. This type of proceeding is known as “Ancillary Administration” because it is secondary to the primary probate administration in the decedent’s home state.

If the Personal Representative appointed in the home state probate is qualified to act in Florida, they will generally be entitled to serve in the Ancillary Administration as well. These Ancillary Personal Representatives hold the same rights, powers, and authority as those appointed in a Formal Probate Administration.

A decedent’s will is typically admissible for probate in Florida if it meets the state’s execution requirements and has been admitted to probate in the decedent’s home state. A will that is self-proved under the laws of the state where it was executed will also be considered self-proved under Florida law.

Ancillary Administration generally follows the same process as Formal Administration. The Personal Representative must publish a Notice to Creditors in a local newspaper and directly serve a Notice to Creditors to all known or readily ascertainable creditors. After covering all administration expenses and settling claims against the Estate, the Ancillary Personal Representative may seek a court order to transfer the Florida assets either to the Personal Representative of the home state probate or directly to the beneficiaries as specified in the will.

If you recently lost a loved one who owned assets in Florida and need the assistance of a qualified probate attorney, please contact Bloodworth Law. We are here to help you through this challenging time.

Florida Homestead

In Florida, homestead property is defined by the state constitution as the primary residence of the owner or the owner’s family, with specific size and contiguity requirements. The Florida Constitution offers various protections for homestead property, especially important in the probate context. Notably, Article 10, Section 4 of the Florida Constitution protects homestead property from being forcibly sold to satisfy creditor claims, with a few narrow exceptions. Additionally, it restricts the owner’s ability to bequeath homestead property by will if they are survived by a spouse or minor child. However, if there is no minor child, the homestead can be devised to the spouse.

This protection against forced sale is crucial when homestead property is the main asset of a decedent’s estate and the estate lacks liquidity to pay valid creditor claims. Florida courts consistently uphold that this protection benefits the heirs of the estate. Therefore, as long as the homestead property is inherited by an heir according to Florida’s intestacy laws or is devised to someone who qualifies as an heir, it will be shielded from forced sale to satisfy creditor claims.

These constitutional restrictions on devising homestead property are significant in both probate and estate planning. They reinforce the purpose of homestead protections: safeguarding the family residence. Consequently, when drafting wills and trusts, it’s essential to remember that homestead property cannot be devised if the owner has a spouse or minor child. If there is no spouse or minor child, the owner can freely devise the homestead. As previously mentioned, the creditor protection for homestead property extends to the beneficiary as long as they would be considered an heir under Florida’s intestacy laws.

Exempt Property in Florida Probate

If a person was a resident of Florida at the time of their death (a “Decedent”) and is survived by a spouse or children, certain property is designated as “Exempt Property” by Florida statutes, the Florida Probate Code, and the Florida Constitution. This property passes to the surviving spouse or children free from creditor claims against the Decedent’s Probate Estate, unless a creditor has a perfected lien on that specific property.

Examples of Exempt Property:

Homestead Property: Section 10, Article 4 of the Florida Constitution protects a Decedent’s homestead from being taken by creditors. If the Decedent leaves their home to their spouse, children, or descendants, it is shielded from creditor claims, with exceptions for agreed-upon liens such as mortgages, tax debts, or contractor’s liens
Household Furniture: Furnishings and appliances in the Decedent’s homestead are exempt from probate up to a net value of $20,000
Motor Vehicles: Two motor vehicles regularly used by the Decedent or family members may be exempt. However, commercial vehicles, like those weighing more than 15,000 pounds, are not covered

If you recently lost a loved one in Florida and need assistance navigating the probate process, please contact Bloodworth Law. We are here to provide the support and guidance you need during this difficult time.

What is a Notice of Administration?

A Notice of Administration is a formal document served by the Personal Representative that alerts all interested parties that the decedent’s will is being probated before a Court. It includes the name of the decedent, the estate’s case number, informs the interested person in which court the proceedings are taking place, and provides the interested person with a deadline to contest the will.

Note: If a beneficiary fails to contest a will within the specified timeframe, their claims are forever barred.

Legal Disputes

The recipient of a Notice of Administration could have a unique situation and a dispute that may have a variety of legal bases, including:

Duress
Lack of Mental Capacity
Undue Influence
Intentional Interference with a testamentary expectancy; or
Improper execution of the will

No matter how simple or complex a claim, or any promises made to a beneficiary that things will even out in the estate, or that someone will take care of him or her, a Notice of Administration will be enforceable in court and serve as a hard deadline to challenge a will.

90 Days to Challenge the Will

Once an individual is served with a Notice of Administration, that person has 90 days to challenge the will or some portion of the will. Following those 90 days, the window is closed.

If you are the Personal Representative, you can’t control family fights over an inheritance or insulate yourself from potential arguments and complaints from unhappy family members. What you can do is communicate early and often.

Here Are a Few Easy Guidelines

There are a few ways to make sure that things will go more smoothly with a probate dispute that involves several or many members of a family:

Tell everyone what’s going to happen.
Let family members know that there are going to be some decisions that require collaboration.
Family will have the opportunity to provide input at that time.
There are going to be decisions that you, as a personal representative, will have to make on your own, and you should keep them informed of those, too.

Before things get out of hand, or if they already have, give Reed a call. Reed Bloodworth is the Founder and CEO of Bloodworth Law with offices in Orlando, Florida, and Winter Haven, Florida. Talk with Reed about how he can help you or your family resolve your probate dispute.

Florida’s Short Statutes of Limitation on Probates and Trusts

Did you know that you potentially only have 90 days to dispute a will or probate issue in Florida?

The time for contesting a will in Florida is short, typically 90 days after the Notice of Administration has been provided by the personal representative, or 20 days in the event that Formal Notice of the probate proceeding is received before the will has been admitted to probate.

Call an Attorney If You Suspect Something is Wrong

You have even less time in a trust dispute, which only gives you only 60 days to file a dispute. Florida’s short statutes of limitation on probates and trusts are binding. There are few instances of extended time to pursue disputes.

Courts operate according to strict and complex deadlines. This means that if you suspect a family member’s estate or trust was the product of undue influence, do not wait to act.

Attorney Reed Bloodworth, the Founder and CEO of Bloodworth Law in Orlando, Florida, handles probate and trust disputes and litigation. Reed has handled hundreds of trust and probate cases since 2004.

What Are the Common Problems?

Let’s take a look at what you might encounter during a probate or trust administration after the decedent has died, where timing becomes an issue.

First, if you’re not really in the frame of mind to deal with asking family about an estate or a trust, hire an attorney to do that for you.

But if you’re a beneficiary, you have to put emotions on hold to get the answers that you need.

Bad Behavior We See

You will naturally want to avoid the need for probate litigation, trust litigation, or any extended court proceedings involving your property. But here’s the reality that we see every day:

relatives and other beneficiaries can cause chaos
family members may be deceitful
in the worst cases, personal representatives or trustees make illegal changes to a will or a trust

When Trusts or Wills Declared Invalid?

The good news is that under Florida law, a trust may be declared partially or completely invalid if there is evidence of fraud, duress, breach of fiduciary duty, illegal accounting actions, or undue influence.

Act Quickly to Meet Florida Deadlines

Due to Florida statutes of limitation, you need to act the moment that you feel in your heart that there is something wrong. You can always call a probate litigation or a trust litigation attorney just to ask them about your situation.

Don’t wait, and don’t let time run out. Give Reed a call to find out how the Bloodworth Law Probate or Trust Litigation Team can help you or your family.

Probate Administration Lawyer in Orlando, Florida