Can I keep my home outside of Probate?
By Thomas S. Hill, Esq. One of the most common questions we get here at Bauer & Associates is “How can I keep my home out of probate following my death?” One method is to use a life estate deed. To ensure a Life Estate Deed or Enhanced Life Estate Deed is right for you, […]Read Article >>
To Evict or Not To Evict?
A question I hear quite often is whether an individual is able to “evict” another individual from their property. It is important for individuals to understand that eviction is not the only process one can use to remove an individual from their property, and in some instances, suing to wrongfully evict someone can prove to […]Read Article >>
Should I Get A Survey?
Everyone purchasing real property should secure a survey prior to closing. A survey identifies the physical boundaries of the property, the location of any and all items constructed or installed on the property, and all easements, rights of way, or restrictions of record that may affect the title or use of the lands. The survey […]Read Article >>
Can I Devise My Homestead Property by Will?
As with many legal questions, the answer is that it depends. Homestead property is the primary residence of a natural person, and the Florida Constitution affords it certain protections. Amongst these are certain restraints on devise, that is, how you can give your homestead away at death.Read Article >>
What Can Someone Do if I Designate Them as My Power of Attorney?
A couple of questions that we at Bauer and Associates get quite frequently are, “What can someone do if I designate them as my power of attorney?” and, “Can someone take advantage of me if I have them as my Power of Attorney?” These are two incredibly important questions in deciding whether or not you […]Read Article >>
Top 5 Reasons That Florida Families Will Look to Estate Planning
As the year comes to an end, families all across the State of Florida are meeting with attorneys to “get their affairs in order.” There are many valid reasons to plan for the futures of your family and loved ones. I have provided the five most common reasons that families are now looking to do […]Read Article >>
Are there Alternatives to Formal Administration?
Yes, under Florida law there are several abbreviated probate procedures. If the estate is valued at less than $75,000, “summary administration” may be available if the decedent’s debts are paid, or the creditors do not object. Those who receive the estate assets in a summary administration will remain liable for claims against the decedent for […]Read Article >>
Does the Decedent’s Family Have any Special Rights?
Yes, the decedent’s surviving spouse and children may be entitled to receive probate assets from the probate estate. Florida law protects the decedent’s surviving spouse and certain surviving children from total disinheritance, even if the decedent’s will gives them nothing. For example, a surviving spouse may have the right to the decedent’s homestead property. The […]Read Article >>
Does the Estate have Obligations to Estate Creditors?
Yes, one of the main purposes of probate is to ensure that the decedent’s lawful debts are paid in an orderly fashion. It is the role of the personal representative to make a diligent effort to give notice of the probate proceeding to “known or reasonably ascertainable” creditors. This allows the creditors the opportunity to […]Read Article >>
Who Oversees the Probate Proceedings?
The circuit court judge will supervise the probate proceedings. The judge will rule on the validity of the will, or, if the decedent did not have a will and died intestate, the judge will confirm the identities of the decedent’s heirs as those who will receive the probate estate. When the decedent’s will names a […]Read Article >>