Questions asked by the public about Florida law.
Probate is not always required in Florida when a person dies, and there are several situations where the deceased's assets can pass without probate.
At a probate hearing, the court decides whether or not to grant probate to the executor of an estate. The executor is responsible for carrying out the deceased person's wishes as specified in their will.
The executor inventories and appraises the estate's assets, notifies creditors, pays bills and taxes from the estate, transfers ownership of property, and distributes what remains to the beneficiaries.
A Letter of Testamentary is a court-issued document that proves that the person named in the will is the rightful executor. This document is necessary to settle the estate and distribute assets according to the will.
The answer to this question depends on the specifics of the situation.
Heirs, such as a spouse, children, or people named in estate planning documents, may have rights to the home after the borrower dies. A reverse mortgage is still a loan and must be paid in full to avoid foreclosure.
Florida probate generally runs about 3-5% of the estate's value in attorneys' fees, and many attorneys handle simple, uncontested cases on a flat fee. Court filing and accounting costs come on top of that.
The answer is maybe because Individual cases always vary, and your circumstances may have underlying facts or conditions that may affect whether a mortgage may stay in a decedent’s name.
If you have a reverse mortgage and die, your heirs will still inherit your home, but the reverse mortgage must be repaid by either the estate or the heirs in full to avoid foreclosure.
Yes. The cost of probate can vary depending on the size and complexity of the estate, but it generally costs between 2 and 5 percent of the estate's value.
Yes, any person or company who plans on providing goods and services of their own in Florida requires, at a minimum, a business tax receipt.
A Florida will must be signed freely and without undue influence, at the end of the document, in the presence of two competent witnesses. Having an attorney prepare and witness it is strongly recommended.
A probate attorney handles the administration of a deceased person's estate: proving the will, inventorying and appraising property, paying debts and taxes, and distributing what remains to the heirs.
The Medical Board of Florida licenses medical professionals, investigates complaints, and disciplines those who violate the law. Its committees cover specific practice areas and unprofessional conduct.
An LLC operating agreement sets the rules for ownership, management, and financial decisions. It clarifies member rights, protects personal assets, helps avoid probate, and guides dispute resolution.
An Affidavit of Title is a sworn statement that describes the ownership history of a piece of property.
In a double net lease the tenant pays rent plus the property taxes and insurance, while the landlord remains responsible for major repairs and maintenance. It is most often used for commercial property.
In a full-service gross lease the tenant pays one monthly rent that covers utilities, taxes, insurance, and common area maintenance. The landlord maintains the property, so the tenant carries only its own expenses.
Percentage leases are common in the retail industry. They are typically used when tenants operate a business in a space they do not own.
A Triple Net Lease is a net lease where the tenant is responsible for the property taxes, building insurance, and standard area maintenance (CAM) charges in addition to the base rent.
