A power of attorney is a legal document in which a person creating it (referred to as the "principal") delegates authority for legal decisions to be made by another (referred to as the "agent"). The power of attorney can encompass a wide range of acts to be delegated to the agent or only enable the [...]
A will is a written document that controls the disposition of a person's property at that person's death. Each state sets their own formal requirements in order for a will to be legal. A properly executed will allows a person to make decisions on who will receive property rather than the decision having been made [...]
The personal representative is the person, bank or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. To qualify to serve as a personal representative, an individual must be either a Florida resident or, regardless of residence, a spouse, sibling, parent, child or other close relative [...]
The choice of a trustee is extremely important, and may have tax consequences. You can name almost anyone as your trustee. Unlike the appointment of a personal representative of a probate estate, a trustee does not have to live in Florida or be related to you. You can name yourself or any other individual (subject [...]
In Florida, the trust assets are not protected from the claims of your creditors. During your lifetime the assets in a revocable trust are treated as owned by you, and subject to the claims of your creditor as if you owned them in your personal name. If the trust assets remain in trust after your [...]
Florida’s trust law does not have a specific procedure for identifying and paying creditors at death. The creditors have up to 2 years from the decedent’s death to file claims against the estate. The trustee may be reluctant to distribute the trust assets to the beneficiaries until he or she is satisfied that all claims [...]
A revocable trust avoids probate by effecting the transfer of assets during your lifetime to the trustee. This avoids the need to use the probate process to make the transfer after your death. The trustee has immediate authority to manage the trust assets at your death; appointment by the court is not necessary. The “funding” [...]
The decedent’s death has two significant tax consequences: It ends the decedent’s last tax year for purposes of filing the decedent’s federal income tax return, and it establishes a new tax entity, the ‘estate.’ The personal representative may be required to file one or more of the following returns, depending upon the circumstances: The decedent’s [...]
The decedent’s will, if any, and certain other documents required to begin the probate proceeding are filed with the clerk of the circuit court, usually for the county in which the decedent lived at the time of death. The custodian of a will must deposit the will with the clerk of the court having venue [...]
Depending upon the facts of the situation, any of the following may have a role to play in the probate administration of the decedent’s estate: Clerk of the circuit court in the county in which the decedent was domiciled at the time of the decedent’s death. Circuit court judge. Personal representative (or executor). Attorney providing [...]
