At what age can my children decide where they want to live?
Your children can decide where they want to live once the court determines that they are mentally and emotionally mature enough to make the decision. It’s not tied to a specific age. There’s no legal cut off where they say, “Okay at 13 they’re going to be able to make that decision for themselves.” The […]
Do I need to file tax returns for the estate?
Florida does not impose on a state tax or an inheritance tax on the descendant’s estate. However, depending upon the value of the estate, federal taxes may be imposed. Got additional questions or need Legal Advice in Panama City, Florida? If you have a legal issue and would like to speak with Attorney Albritton or […]
Can there be more than one executor or personal representative?
According to the terms of a will, the testator, or the person that writes the will, can set up the will so that the will, will grant authority to more than one executor or personal representative for the estate. However, the will needs to be very, very clear in the terms that it uses and […]
The decedent owed me money. How do I file a claim against the estate?
You basically would file a claim against the estate. The personal representative of the estate would either acknowledge the claim and pay it or object to it. If the personal representative objects to the claim, then you would have to file an independent action against the estate within 30 days. Got additional questions or need […]
Does all property have to go through probate when a person dies?
Depends upon the property or the asset. If the asset is in the sole name of the decedent, then yes, it’s a probatable asset. If the property is named jointly with someone else such as a bank account, then no, it would not be a probatable asset. Got additional questions or need Legal Advice in […]
Can a will be changed or revoked after my death?
Well, a will can be changed or revoked during the life of the testator, the person that creates the will. After their death, the terms that are in place, if there is a will in existence and it’s legally sufficient, then the terms in place are locked in. Those cannot be modified or changed again. […]
What are letters of administration?
Letters of administration are documents that are generated by the court. They’re signed by a judge and what they do is they grant authority to the person named in the letter, usually the personal representative of the estate, to conduct business on behalf of the estate. To administer it, to hold the properties contained within […]
Does a trustee get paid for their duties?
Under Florida law, a trustee is entitled to be compensated with a reasonable fee for their duties. What is reasonable is oftentimes something that’s either left up to the courts or for the individual parties to determine. But, the trustee is entitled to a fee or compensation for the services rendered. Got additional questions or […]
Do I need an attorney to handle an estate?
Probate is one of the areas of the law that I would highly encourage a legal representative to be retained. An attorney for the personal representative of the estate is almost essential because there are numerous areas of the probate code that need to be complied with in order for the estate to be successfully […]
Do life insurance or retirement benefits need to go through probate?
Usually, they don’t if a beneficiary is named on the policy. However, if the policy names the decedent or the deceased person, then, yes, it would have to go through probate. Got additional questions or need Legal Advice in Panama City, Florida? If you have a legal issue and would like to speak with Attorney […]