Video Summary

How creditors handled in a probate estate? Whenever probate, whenever an estate is being probated, the personal representative files a notice in the newspaper called a Notice to creditors, who starts a creditor’s period of running for a period of three months. Personal representative also responsible for sending out the notice to creditors to any reasonably ascertainable creditor, and that is an obligation of the personal representative and needs to do somewhat of a search to determine who the creditors are. The creditors then have to file their claim within three months of the date of the notice to creditors. If a creditor files a claim after the three month period and has not received the notice to creditors, you give them notice and then they have 30 days in which to expand the time in order to be able to file their claims. All claims are barred after a two year period, so if the decedent died more than two years ago, then there are no claims that can be filed or all the claims are barred. Also, there’s special provisions as far as sending a notice to the state of Florida in the event the person was receiving Medicaid received death certificate. Call me at (727) 847-2288.

 

Video Summary

Does a Living Trust avoid Estate Taxes? The answer to the question is no, it does not, and that right now the Estate Tax limitation for the federal government is up over $12 million. And if you’re a resident estate of Florida, when you pass away, there is no Estate Taxes. The time that you would be subject to Estate Taxes if you’re a resident of Florida is if you own any real estate or the Trust owns any real estate outside the state of Florida then wherever the real estate situated may be subject to taxation. Many people set up a Living Trust to avoid probate, and if all the assets are titled in the name of the Trust, then it’s properly set up, then you can avoid probate. A simpler way of avoiding probate is how to retitle your assets so that they automatically pass to whoever your beneficiaries are. You have any questions about how to set your state up to avoid probate, give me a call at (727) 847-2288.

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What can I do if I feel my loved one’s Will was written under duress? Well, you can file a Will contest provided that you are a heir or a child or an heir to the decedent or a beneficiary under a prior Will.  You can file a Will contest asserting that the decedent who signed the Will was under duress and not it was in a weakened condition and taken advantage of, so it would be undue influence. As far as signing the Will, it’s difficult to do and to prove that Will contests are very expensive and so you need to really have medical records as far as that’s concerned, and probably a substantial amount of money involved in order to invest into a Will contest and to verify that you have standing. If you have any questions, please call me at (727) 847-2288.

Video Summary

How do I obtain a death certificate? The easiest way to do is to order it at the time of death from the funeral home and they will supply you with death certificates. It’s usually whoever’s paying for the funeral. They ask them how many death certificates they want a Florida resident. There are two forms of the death certificate. One is what they call a short form, which is on a shorter piece of paper, which does not show the cause of death or the complete social security number. The other one is called the long form, which is on legal size paper and does show the social security number and the cause of death. You can obtain the short form death certificate. If you don’t do it through the Secretary of State, you can make application to the state. I’m not sure whether it’s through the Bureau of Vital Statistics or just whom you make that application to obtain that you’ll have a more difficult time getting one with the cause of death and the social security number. An attorney can assist as far as obtaining these death certificates, and they simply need to indicate the purpose of obtaining these death certificates in Florida in other states. I’ve found it almost impossible to get copies of death certificates. If you have any questions, give me a call at (727) 847-2288.

 

Video Summary

What do I do if someone is mishandling the administration of an estate? If you’re a beneficiary, then you need to hire an attorney who can then petition the court to have the personal representative of the estate removed and cite how they’re mishandling it. And if they’ve taken any money, you can also ask that they be held responsible for it. It’s called a surcharge. Surcharge, the personal representative. You’ll need to hire an attorney to do that. And so if you have any questions about trying to remove a personal representative or state being mishandled, you can call me at (727) 847-2288.