According to Florida law, to sever a joint tenancy, a joint tenant must perform an act that destroys one or more of the four unities of time, title, interest, or possession, thereby precluding the joint tenant from claiming any survivorship interest in the property....
According to Florida law, a surviving spouse does not need probate if all of the deceased spouse’s assets were jointly owned with the surviving spouse or all assets were in an account with the surviving spouse as the named beneficiary of the account. However, probate...
According to Florida law, joint tenancy with right of survivorship generally means when a joint tenant dies, the surviving tenant(s) inherit the entire property, and the deceased tenant's interest does not pass through probate. This means the right of survivorship...
According to Florida law, when someone dies without a will in Florida, the disposition of their bank account depends on the type of account (i.e. Joint Account, Convenience Account, POD account, or a one owner account with no named beneficiary) and the designations...
According to Florida law, homestead property, payable on death accounts, life insurance proceeds, joint tenancy with right of survivorship property, assets in trusts, retirement accounts, and certain statutory listed property are all assets exempt from probate and/or...
According to Florida law, a Summary Administration and Formal Administration are two distinct probate administrations differentiated by their complexity, cost, and the size of the estate. The key distinction lies in the estate's value and the necessity for a more...
In Florida, the initiation of probate can be done by a variety of parties depending on the circumstances surrounding the estate. Generally, the personal representative (P.R.) named in the decedent’s will initiates probate by petitioning the court for appointment as...
In Florida, a personal representative (executor) can sell the property of the estate during a formal probate administration without the approval of all beneficiaries based on language that may be contained in the decedent's will or in accordance with Florida statutory...
According to Florida law, an executor (a/k/a "Personal Representative") has a duty to promptly settle an estate and make distribution of the assets to the beneficiaries: It is contended that the law makes it the duty of an executor to promptly settle an estate and...
According to Florida law, a petition to determine homestead in probate is typically filed to change record title to the property or release the personal representative from any obligations related to the property: Generally, petitions to determine homestead are...