Florida lawmakers have ensured that a decedents homestead (the house that they live in) is not taken by estate creditors upon their death. Hyatt Regency Coral Gables . In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed to be an interested person. Add to my calendar. If you intend to leave property to a minor child, guardianship can be avoided through the use of a trust based estate plan. A personal representative (called an executor in other states) is a person appointed by the court to legally represent the estate. Therefore, program recipients depositing more than this amount into their bank accounts are subject to a loss of benefits. The following Florida Rules of Civil Procedure shall apply in all probate and guardianship proceedings: (1) Rule 1.280, general provisions governing discovery. Florida law requires that a will must be signed by the testator (the person writing the will) and two witnesses to be enforceable. CHAPTER 732 . Call Florida Probate Law Group anytime at 352-354-2654, or email cdavid@floridaprobatelawgroup.com to discuss intestate succession or for advice on any probate and estate planning matter. Statutes & Constitution :View Statutes : Online Sunshine Probate Real Estate: What You Need to Know | Florida Realtors The guardian must account for the childs assets annually by filing documents with the court until the child turns 18. Descendant means a person in any generational level down the applicable individuals descending line and includes children, grandchildren, and more remote descendants. Parent excludes any person who is only a stepparent, foster parent, or grandparent. If the estate is being sued, or suing someone, the personal representative is responsible for managing that litigation. If a decedent with a wife or minor children has a will improperly devising their homestead property, the property will pass as if there was no will. No part of it shall be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
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