Legal FAQs
Questions asked by the public about Florida law.
Probate
What Is a Curator in a Florida Probate Case?
A curator is a temporary fiduciary appointed by the probate court under section 733.501, Florida Statutes, when it is necessary to protect estate property. The court may give the curator the powers of a personal representative, and the curator is subject to court oversight, bond, and possible removal.
Read answer
Probate
How Is a Personal Representative Paid in Florida?
A Florida personal representative is entitled to a commission paid from the estate without a court order, under section 733.617, Florida Statutes. In formal administration, the statute presumes a commission is reasonable when it equals set percentages of the inventory value of the estate plus income earned during administration.
Read answer
Probate
Can a Personal Representative Sell a House during Florida Probate?
Yes, a personal representative can sell a house that belongs to a Florida probate estate. Whether court approval is required depends on section 733.613, Florida Statutes, and mainly on whether the will gives the personal representative a power of sale.
Read answer
Probate
What Is Disposition without Administration in Florida?
Disposition without administration is a Florida procedure under section 735.301, Florida Statutes, for very small estates. When a decedent leaves only exempt property and limited personal property, the court can authorize transfer of the assets by letter without opening a probate administration.
Read answer
Probate
What Exempt Property Does a Surviving Spouse Receive in Florida?
Exempt property is a set of assets that section 732.402, Florida Statutes, sets aside for the surviving spouse or, if there is no spouse, the decedent's children, when the decedent was domiciled in Florida. It is protected from creditor claims, except perfected security interests, and is in addition to homestead and other statutory rights.
Read answer
Real Estate
What Must a Florida 3 Day Notice for Unpaid Rent Include?
Section 83.56(3), Florida Statutes, allows a landlord to terminate a residential rental agreement when rent is unpaid and the default continues for 3 days after delivery of a written demand for payment of the rent or possession of the premises. The 3 days exclude Saturday, Sunday and legal holidays, and the statute limits legal holidays to court observed holidays.
Read answer
Probate
What Is a Family Allowance in Florida Probate?
A family allowance is a payment of money from a Florida estate for the maintenance of the surviving spouse and dependent lineal heirs while the estate is administered. Section 732.403, Florida Statutes, caps the total at $18,000 and applies only if the decedent was domiciled in Florida at death.
Read answer
Wills & Trusts
Are No Contest Clauses Enforceable in Florida Wills and Trusts?
Florida law makes them unenforceable. Section 732.517, Florida Statutes, makes a will provision that purports to penalize any interested person for contesting the will or instituting other proceedings relating to the estate unenforceable. Section 736.1108 applies the same rule to trust instruments created on or after October 1, 1993.
Read answer
Estate Planning
What Is the Florida Medicaid Look Back Period?
The look back period is generally the 60 months before a Medicaid application during which Florida reviews transfers of assets for less than fair market value. Federal law at 42 U.S.C. 1396p(c) sets the 60 month period, and the Florida DCF ESS Policy Manual applies it to long term care eligibility.
Read answer
Estate Planning
What Is a HIPAA Authorization in a Florida Estate Plan?
A HIPAA authorization is a signed document that permits health care providers and health plans to disclose a person's protected health information to the people it names. The federal Privacy Rule at 45 CFR 164.508 lists the elements a valid authorization must contain. An authorization can be signed alongside other estate planning documents so that named people can receive information before a health care surrogate's authority begins.
Read answer
Business
What Happens to a Florida LLC Interest When a Member Dies?
Under section 605.0602(7)(a), Florida Statutes, an individual member of a limited liability company is dissociated as a member upon death. The member's transferable interest, which carries the right to distributions, continues and is held by the member's estate as a transferee. The estate does not become a member unless it is admitted under section 605.0401(3), for example as the operating agreement provides or with the consent of all the members.
Read answer
Civil Litigation
What Happens If a Florida Lawsuit Is Not Answered?
A defendant who does not respond to a Florida civil lawsuit may have a default entered under Florida Rule of Civil Procedure 1.500. After a default, the court may enter a final judgment, and setting aside a default judgment requires a motion under Rule 1.540(b).
Read answer
Civil Litigation
What Must Happen before a Construction Defect Lawsuit in Florida?
Before filing a construction defect action, Chapter 558, Florida Statutes, requires the claimant to serve a written notice of claim on the contractor, subcontractor, supplier or design professional. Section 558.004(1) requires service at least 60 days before filing, or at least 120 days for an association representing more than 20 parcels.
Read answer
Real Estate
What Is a Quiet Title Action in Florida?
A quiet title action is a lawsuit that asks a Florida court to determine title to land and remove a cloud on that title. Chapter 65, Florida Statutes, sets out the grounds for the action, and section 65.061(5) allows the final judgment to be recorded in the county where the land is located.
Read answer
Real Estate
How Does Adverse Possession Work in Florida?
Under Florida statutes, a person in continued possession of real property for 7 years under a claim of title exclusive of any other right may hold the property adversely if other conditions are met. Sections 95.16 and 95.18 set different conditions depending on whether the claim rests on a written instrument, known as color of title.
Read answer
Real Estate
What Are the Witness Requirements for a Florida Deed?
A Florida deed must be signed by the grantor or the grantor's authorized agent in the presence of two subscribing witnesses under section 689.01, Florida Statutes. To be recorded, the deed must also be acknowledged or proved under section 695.03 and show each witness's printed name and post office address under section 695.26.
Read answer
Probate
What Is a Probate Inventory in Florida?
A probate inventory is a verified list of estate property with the estimated fair market value of each item at the date of death, required by section 733.604, Florida Statutes. Florida Probate Rule 5.340 requires the personal representative to file it within 60 days after letters are issued, with real property that appears to be protected homestead listed and designated as such, without a value.
Read answer
Estate Planning
Does a Living Will Need to Be Notarized in Florida?
Section 765.302, Florida Statutes, requires a living will to be signed by the principal in the presence of two subscribing witnesses, and at least one of them must be neither the principal's spouse nor a blood relative. The statute does not list notarization among the signing requirements.
Read answer
Estate Planning
Who Has the Right to Control Disposition of Remains in Florida?
Florida's funeral law gives decisions about a decedent's remains, such as authorizing a cremation, to the "legally authorized person" defined in section 497.005(43), Florida Statutes. Section 497.607(1) bars a cremation until a legally authorized person gives written authorization. The list runs in priority order, starting with the decedent's own written directions, then a person the decedent designated on DD Form 93 for a death in military service, and then the surviving spouse, adult children and parents.
Read answer- Trusted by 1800+ Clients →
- Legal FAQs →
- News →
- Learn Laws®