The role of a personal representative in a probate case is a crucial and often complex one. A personal representative may be nominated in a Last Will & Testament but is ultimately appointed by the probate court. If there is not a Last Will & Testament, there are statutes that give preference to certain individuals to serve as personal representative or the personal representative may be selected by the beneficiaries. This individual is responsible for managing the estate of a deceased person, ensuring that all assets are properly distributed, and any debts are paid. Here, we’ll explore the key duties and responsibilities of a personal representative, providing a comprehensive guide to help those undertaking this important task.
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Posted in Asset Protection,Probate & Trust Administration,Real Estate Law,Wills, Trusts & Estate Planning
What is a Lady Bird Deed?
A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a unique type of deed recognized in Florida. It allows property owners to retain control over their real property during their lifetime while designating a beneficiary to inherit the property upon their death, without the need for probate.
The Will: Your Map
Think of your Last Will & Testament as a trusty old map you leave behind. It’s like a set of instructions for your family, telling them how to handle your beloved car (a/k/a your estate) once you’ve parked it in the great garage in the sky. Here’s how it works:
A revocable living trust generally does not provide asset protection from creditors for the person who creates the trust (the grantor/settlor/trustor). Because the grantor retains control over the assets and can revoke the trust at any time, creditors can often reach into the trust to satisfy the grantor’s debts. Here’s why a revocable living trust typically does not offer creditor protection:
Despite the recent tumultuous times, the use of cryptocurrencies such as Bitcoin, Ethereum, and others are still prevalent in today’s digitized age. While these digital assets offer numerous benefits, including decentralization and security, they also present unique challenges when it comes to estate planning. In this blog post, we will explore the importance of incorporating cryptocurrency into your estate plan and provide practical tips to safeguard your digital assets for future generations.
An estate tax return (Form 706) must be filed if the gross estate of a decedent, increased by the decedent’s adjusted taxable gifts and specific gift tax exemption, is valued at more than the filing threshold for the year of the decedent’s death. The filing threshold for 2022 is $12,060,000. The threshold is adjusted for inflation and increases each year. An estate tax return also must be filed if the estate elects to transfer any deceased spousal unused exclusion (DSUE) amount to a surviving spouse, regardless of the size of the gross estate or amount of adjusted taxable gifts. The election to transfer a DSUE amount to a surviving spouse is known as the “portability” election.
Florida law provides restrictions on who can serve as personal representative (i.e. executor of an estate) when that person is not domiciled in or resident of Florida. A common question we receive when drafting a will for a client is whether the client’s step-sibling (or other step-relative) can serve as personal representative even though the step-sibling (or other step-relative) is not a resident of Florida.
Many people believe that if they die without a will, the state (or government) gets their property. While this is possible, it is very unlikely to occur. So, what happens to your property if you die without a will?
When a person dies without a will, they die intestate (whereas dying with a will is called testate). The Florida Statutes, under Part I of Chapter 732, titled Intestate Succession, presents a hierarchy of classes of people who are to inherit your “intestate estate” if you do not have a will. That hierarchy is as follows:
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