Questions About Florida Probate from Out-Of-State Personal Representative

Total Page:16

File Type:pdf, Size:1020Kb

Questions About Florida Probate from Out-Of-State Personal Representative ELDER LAW AND ESTATE PLANNING Joseph Karp Jonathan Karp Questions about Florida probate from out-of-state personal representative Question: My mother The Karp Law Firm, P.A. lives in South Florida. Location, phone number: I agreed to act as her ■ Palm Beach Gardens, personal representative 561-625-1100 (executor) but she can’t ■ Boynton Beach, 561-752-4550 really explain just what I’ll ■ Port St. Lucie, 772-343-8411 have to do. I live in Ohio Website: KarpLaw.com and run a retail store, so Email: [email protected] I’m trying to get an idea of the demands on my time. Will I have to keep assets will have to be flying to Florida to handle marshaled, various things personally? If I hire records located, a final tax a lawyer to handle her return filed, beneficiaries estate, will I still need to contacted. Assets may be in Florida in person? have to be liquidated. How long will probate You can handle the tasks take to wrap up? yourself or delegate some Answer: Probate or all of them to the rules are complex, and attorney. numerous specific forms You ask how long must be submitted and probate takes. In our deadlines met. Florida experience, with formal Probate Court generally probate administration, requires that a lawyer it usually takes between represent you. An six months to a year to experienced probate close an estate. It can take attorney will know his/her longer if problems pop way through the system. up, which is common. The attorney need not be Examples of problems the same one who drafted include having to locate a your mother’s will. (There missing heir, finding that is an exception to the the title to a property is lawyer requirement: defective, dealing with a summary administration, large number of creditor which is available for claims, etc. probatable estates under $75,000, when there Joseph Karp and are no creditors of the Jonathan Karp are Florida decedent.) Elder Law and Estate You probably won’t Planning Attorneys. The have to physically appear Karp Law Firm is located in in court, or even meet in Palm Beach and St. Lucie person with the attorney. counties. It assists clients Emails and phone calls with wills, trusts, Medicaid usually suffice. We do this and VA benefits planning, all the time for clients. special needs planning, As a personal asset preservation, probate/ representative, you must trust administration, estate handle many tasks. A litigation, and probate and sampling: Your mother’s elder law mediation..
Recommended publications
  • Aberdeen Student Law Review
    Aberdeen Student Law Review With thanks to our sponsors Stronachs LLP July 2011 Volume 2 www.abdn.ac.uk/law/aslr THE EDITORIAL BOARD 2010 - 2011 Managing Editor Leanne Bain Editors Alice Cannon Ross Douglas Emma Fraser Stuart Lee Bruce Mangeon Fairweather Charlotte Taylor Ryan T. Whelan Jennifer White FOREWORD BY THE HON . LORD WOOLMAN SENATOR OF THE COLLEGE OF JUSTICE Has the ASLR already reached its second volume? I am delighted that the brio of those involved in launching the project has been sustained. That is evident from the table of contents for the new volume. The topics range across legal history, oil and gas law and the law of evidence. In my view, volume two confirms that the ASLR is continuing to make a significant contribution to legal learning in Scotland. Stephen Woolman July 2011 INTRODUCTION TO VOLUME TWO In 1987 Professor Erwin N Griswold, former Dean of Harvard Law School, gave an insight into the history of the Harvard Law Review, the oldest student-led law review in the world. He acknowledged: Some people are concerned that a major legal periodical in the United States is edited and managed by students. It is an unusual situation, but it started that way, and it developed mightily from its own strength.1 I firmly believe in the strength of the student law review, and it is this belief that has shaped the endeavours of the editorial team during the past year The second year of a professional publication can be as difficult as the first, and this year has certainly not been without challenge.
    [Show full text]
  • Instructions for Small Estate Affidavit
    INSTRUCTIONS FOR SMALL ESTATE AFFIDAVIT TALK TO A LAWYER IF YOU DO NOT UNDERSTAND YOUR DUTIES OR ANY PART OF THESE INSTRUCTIONS! If you make a mistake, you may have to personally pay the cost of the mistakes and loss to the estate. The Affidavit will be filed with the court and has legal consequences. These instructions are not a complete statement of the law. You are responsible for following all Oregon laws, even those not explained here. Contact the Oregon State Bar Lawyer Referral Service if you need help finding a lawyer or have questions about the Bar’s Modest Means Program. Oregon State Bar Lawyer Referral Service - www.oregonstatebar.org Phone: 503.684.3763 or toll-free in Oregon at 800.452.7636 BEFORE YOU START Make sure there are no other probate cases filed on this estate. Go to www.courts.oregon.gov to search online case records or call your local court for help searching. DO NOT SIGN THE AFFIDAVIT YET! Your signature must be notarized by a court clerk or notary public. You will need photo identification. Sign the Affidavit in the presence of the notary or clerk. Parties o You are the Affiant (the person completing the Affidavit). Affiants have specific legal duties under ORS 114.505 to 114.560. The person who died is the Decedent o You will need the death certificate and the will (if any) o You need a certified copy of the death certificate. You can get the death certificate from the funeral home or the Office of Vital Statistics.
    [Show full text]
  • Administering Oregon Estates: 2012 Edition
    Administering Oregon Estates: 2012 Edition Cosponsored by the Estate Planning and Administration Section Friday, November 16, 2012 9 a.m.–4:30 p.m. Oregon Convention Center Portland, Oregon 6 General CLE credits and .5 Ethics credit ADMINISTERING OREGON ESTATES: 2012 EDITION SECTION PLANNERS Holly N. Mitchell, Duffy Kekel LLP, Portland Jack V. Rounsefell, Attorney at Law, Gresham Katharine L. West, Wyse Kadish LLP, Portland Eric J. Wieland, Samuels Yoelin Kantor LLP, Portland OREGON STATE BAR ESTATE PLANNING AND ADMINISTRATION SECTION EXECUTIVE COMMITTEE D. Charles Mauritz, Chair Marsha Murray-Lusby, Chair-Elect Eric H. Vetterlein, Past Chair Jeffrey M. Cheyne, Treasurer Matthew Whitman, Secretary Amy E. Bilyeu Eric R. Foster Janice E. Hatton Amelia E. Heath Melanie E. Marmion Holly N. Mitchell Jeffrey G. Moore Timothy O’Rourke Ian T. Richardson Erik S. Schimmelbusch Kenneth Sherman Margaret Vining The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials. Copyright © 2012 OREGON STATE BAR 16037 SW Upper Boones Ferry Road P.O. Box 231935 Tigard, OR 97281-1935 Administering Oregon Estates: 2012 Edition ii Table OF CONTENTS Schedule . v Faculty . vii 1A. Alternatives to Probate . 1A–i — David C. Streicher, Black Helterline LLP, Portland, Oregon 1B. Probate Jurisdiction and Procedures . 1B–i — Nikki C.
    [Show full text]
  • Trusts and Estates Law Section Newsletter a Publication of the Trusts and Estates Law Section of the New York State Bar Association
    NYSBA FALL 2009 | VOL. 42 | NO. 3 Trusts and Estates Law Section Newsletter A publication of the Trusts and Estates Law Section of the New York State Bar Association A Message from the Section Chair During the past few several years. Less than a decade later, the 120-hour months, the Section has rule has become law!) been actively involved with Assembly successes: Both the renunciation and the several legislative initia- exempt-property bills were passed by the Assembly in tives, with varying degrees June of 2009. The bills were forwarded to the Senate, of success. In this column, which failed to act before its session ended. I’d like to bring you up to date on these initiatives and on our Section’s latest CLE Same-Sex Marriage Proposal activities in connection with Our Section can justifi ably take pride in its ef- the new Power of Attorney forts over the years to secure equal rights for same-sex Ira M. Bloom legislation, which went into couples. Most recently, these efforts in the form of effect on September 1. same-sex marriage legislation were spearheaded by the Estate Planning Committee under Ian W. MacLean Affi rmative Legislative Proposals As discussed in the Newsletter last quarter, six bills were presented to the Assembly and Senate Judiciary Inside Committees: enactment of a 120-hour rule to replace Editor’s Message ................................................................................3 the existing actual simultaneous-death rule under (Ian W. MacLean) EPTL 2-1.6; revisions to EPTL 2-1-11(renunciation sec- Identifying and Locating Distributees ............................................4 tion); providing parity when exercising the right of (Lori Perlman) election under EPTL 5-1-1-A(d)(2); exempt property Ademption and the Power of Attorney ..........................................7 reforms under EPTL 5-3.1; interest on legacies amend- (Jaclene D’Agostino) ment under EPTL 11-1.5(d), and a new directed trust- What Every Attorney Should Know About the New eeship statute.
    [Show full text]
  • New Mexico Probate Judges Manual © 2003, 2005, 2006, 2007, 2011, 2013, 2015 (Reprint) by Merri Rudd and the Rozier E
    New Mexico Probate Judges Manual 2013 Edition Reprinted 2015 (without rules and statutes) by former Judge Merri Rudd with Lori Frank This publication has been provided for use by the New Mexico judiciary with public funds administered by the Judicial Education Center. It is the property of the court. No person may remove it from the premises of the court except for judges during their term of service and judicial personnel on official court business. New Mexico Probate Judges Manual © 2003, 2005, 2006, 2007, 2011, 2013, 2015 (reprint) by Merri Rudd and the Rozier E. Sanchez Judicial Education Center of New Mexico. All rights reserved. New Mexico Judicial Education Center Institute of Public Law University of New Mexico School of Law MSC11 6060 1 University of New Mexico Albuquerque, NM 87131-0001 Phone: (505) 277-5006 Fax: (505) 277-7064 http://jec.unm.edu/ This Manual is intended for educational and informational purposes only. It is not intended to provide legal advice. Readers are responsible for consulting the statutes, rules and cases pertinent to their issue or proceeding. Readers should keep in mind that laws and procedures may change. Chapter 1 1 Introduction to Probate 1 Chapter 2 2 Wills 2 Chapter 3 3 Personal Representatives and Special Administrators 3 Chapter 4 4 Probate Procedures 4 Chapter 5 5 Closing the Estate 5 Chapter 6 6 Records, Fees and Reporting 6 Chapter 7 7 How to Transfer a Case to District Court 7 Chapter 8 8 Judicial Conduct 8 Chapter 9 9 Real Property as Part of Estate 9 Chapter 10 10 Miscellaneous Topics 10 Chapter 11 11 Weddings Performed by Probate Judges 11 Chapter 12 12 Glossary 12 Chapter 13 13 Code of Judicial Conduct 13 Chapter 14 14 Selected New Mexico Statutes 14 Chapter 15 15 Resources 15 NEW MEXICO PROBATE JUDGES MANUAL TABLE OF CONTENTS Acknowledgements 1.
    [Show full text]
  • Transfers of Real Estate on Death
    4/19/2017 Real Estate Checklist - Things Every Elder Law Attorney Needs to Understand 4th Annual Elder Law Bootcamp: Basics and Beyond April 27 & 28, 2017 Paul Peterson, Miles L. Jacobs and Erica Crohn Minchella Sole Owner or Tenant in Common Property of deceased sole owner or tenant in common passes to his devisees assuming will is probated, retroactive to date of death No time limit on probating will to his heirs at law if no will per Article 2 of Probate Act (755 ILCS 5/1-1 et.seq.) See Affidavit of Heirship and Heirship Chart attached as exhibits to Rights of Heirs and Devisees in Illinois Real Estate booklet Subject to claims against the estate of deceased 6 months from publication of notice or 3 months from mailing per Sec. 18-3 2 years from date of death if no estate opened rights of the personal representative state and federal tax liens 1 4/19/2017 Passage of Title - Probated Estate Independent representative unless prohibited in will or supervised estate requested Independent Administration set forth at Article 28 of Probate Act Power to sell, lease, mortgage without court order per Sec. 28-8 Good faith purchasers for value protected in dealing with independent representative per Sec. 28-9 If real estate distributed to heir or devisee, independent representative required to record instrument of release and distribution prior to closing estate NOT a deed Sample form CCP 0421 at Cook County Clerk of Court website Is Probate Necessary or Desired? Probate applies to assets not otherwise disposed of Probate necessary to Determine heirship Admit will to probate to vest title in devisees Will contest period is 6 months per Sec.
    [Show full text]
  • Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs Or Devisees
    Online CLE Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees .75 General CLE credit From the Oregon State Bar CLE seminar Basic Estate Planning 2018, presented on November 16, 2018 © 2018 Michael Grant, Sally Peacock-Wells. All rights reserved. ii Chapter 4 Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees MICHAEL GRANT Department of Justice Civil Enforcement Civil Recovery Salem, Oregon SALLY PEACOCK-WELLS Oregon Department of State Lands Salem, Oregon Contents I. Department of State Lands . 4–1 II. Common School Fund. .4–1 III. Attorney Obligations When Confronted with Intestate Estates Without Heirs (Or Missing Heirs) . 4–2 IV. DSL Contact Information . 4–2 A. Address for Notice. .4–2 B. DSL Estate Administrator Email Address . .4–2 C. Reporting Missing Heir Funds to DSL. .4–2 D. Contact Information for DSL Estate Administration Unit . .4–3 E. Unclaimed Property Contact Information. .4–3 F. Oregon Department of Justice Contact Information . 4–3 V. Statutes . 4–3 A. ORS Chapter 112 . .4–3 B. ORS Chapter 113 . .4–4 C. ORS Chapter 114 . .4–7 D. ORS Chapter 116 . .4–8 E. Common School Fund Statutes. .4–9 F. Unclaimed Property Statutes . 4–9 Oregon’s Estates Program (Department of State Lands). 4–11 Common School Fund Benefits Oregon Schools (Department of State Lands) . 4–13 Unclaimed Property: Do We Have Your Money? (Department of State Lands). 4–15 Presentation Slides. 4–19 Chapter 4—Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees Basic Estate Planning 2018 4–ii Chapter 4—Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees I.
    [Show full text]
  • Heir Restoration End Searches Are Maddening
    February 2, 2009 Heir restoration end searches are maddening. Then there Attorney Zwick turns are the cases that nag Zwick until he finds an estate’s rightful owner. sleuth to track down “Sometimes we find the beneficiary right away,” he said. “Sometimes it takes weeks. But there are some that I’ll work on long-lost beneficiaries and then set aside. And it’ll sit there with By Carol Lundberg my files, and it will start bothering me that I didn’t find the person I was looking for. Matthew L. Joswick had dismissed the idea “So I dig in my heels and try again until of finding his clients’ uncle. I find them. Sometimes it takes years.” The clients - two women who were the beneficiaries of their mother’s estate - hadn’t Lost and found seen the old fellow in years, and weren’t Joswick’s clients usually don’t go looking “We’ve had a lot of problems even sure if he were dead or alive. for the missing heir, he said. It’s often too thanks to the ‘Nigerian royal His address, even one from long ago? expensive, particularly if the heir is missing They had not a clue. as the result of a family falling-out. family’ e-mail scams. People But attorney Michael J. Zwick did. In the case of the women with the miss- don’t believe that we have Accidental heirs are not particularly com- ing uncle, their mother had died within days mon, said Joswick, of Troy-based Barron, of her sister.
    [Show full text]
  • Mason's Minnesota Statutes, 1927
    1 94 \ Supplement To Mason's Minnesota Statutes, 1927 and #• Mason's 1940 Supplement Containing the text of the acts of the 1941 and 1943 Sessions of the Legislature, both new and amendatory, and notes showing repeals, together with annotations from the various courts, state and federal, and the opinions of the Attorney General, construing the constitution, statutes, charters and court rules of Minnesota together with Law Review Articles and digest of all common law decisions. Edited by the Publisher's Editorial Staff MINNESOTA STATE LAW LIBRARY MASON PUBLISHING CO. SAINT PAUL 1, MINNESOTA 1944 OF MAHOWiSE&W LIBRARY iON §8706-5 Part III. Civil Actions and Proceedings CHAPTER 74 Probate Courts GENERAL PROVISIONS to increase the salary in any county where the salary is set by Laws 1937, Chapter 69. (Act Apr. 28, 1941, 8706-5. Minimum salary of Judge of Probate. Minimum salary would remain same as it was in 1930, c. 487, §2.) but salaries are now to be determined with reference to [526.123] §§8707-1 to S707-5. Op. Atty. Gen., (347i). June 12, 1941. In determining salary to be paid to judge of probate 8707-3. Same.—Provided that this act shall not court of county coming within this section, it is not apply in counties containing not less than 46 the assessed valuation of the property in that county in 1930, but the minimum salary is not now less than it nor more than 49 full and fractional congressional was in the year 1930. Op. Atty. Gen. (347i), Oct. 9, 1942. townships and having an assessed valuation of not less than $4,500,000 and not more than $5,000,000, 8707.
    [Show full text]
  • Designation of Heirs a Modest Proposal to Diminish Will Contests Calvin R
    University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2003 Designation of Heirs A Modest Proposal to Diminish Will Contests Calvin R. Massey UC Hastings College of the Law, [email protected] Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Recommended Citation Calvin R. Massey, Designation of Heirs A Modest Proposal to Diminish Will Contests, 37 Real Property, Probate & Trust Journal (2003). Available at: http://repository.uchastings.edu/faculty_scholarship/1134 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. DESIGNATION OF HEIRS: A MODEST PROPOSAL TO DIMINISH WILL CONTESTS Calvin Massey* Editors' Synopsis: This Article explores the topic of designationof heirs, particularlyfocusing on will contests that arise because of an abnormal distribution of a decedent's estate by means of a will that favors a beneficiary who is not an heir of the decedent. The Article proposes procedures that could be employed to implement designation of heirsand analyzes the problems with and utility of each procedure. I. THE PROPOSAL AND ITS BENEFITS ................. 583 II. ALTERNATIVE PROCEDURES FOR DESIGNATION OF HEIRS ....................................... 590 A. Ministerial Procedure ......................... 591 B. Administrative Procedure ...................... 596 C. Conservatorial Procedure ...................... 598 D. Adversarial Procedure ......................... 599 III. PROBLEMS WITH THE PROPOSAL .................. 600 A . Revocation ................................. 600 B. Pretermitted Heirs ............................ 602 C. Collateral Effects on Intestate Succession ......... 602 D. Collateral Effects on Wills and Trusts ............ 606 E. D isclaim er .................................
    [Show full text]
  • New Jersey Law Revision Commission
    State of New Jersey NJLRC New Jersey Law Revision Commission FINAL REPORT relating to PROBATE CODE REVISIONS September 1999 NEW JERSEY LAW REVISION COMMISSION 153 Halsey Street, 7th Fl., Box 47016 Newark, New Jersey 07102 973-648-4575 (Fax) 648-3123 email: [email protected] web site: http://www.lawrev.state.nj.us /rpts/probate99.doc 1 INTRODUCTION The Commission began this project in response to a problem regarding the Probate Code. As originally stated, the problem was that the father of a person who dies intestate and without issue takes a share of the estate even if the identity of the father is not known. However, research indicated that the real problem was broader and was caused by the failure of the statutes to provide clearly for what should be done when we do not know whether heirs of a particular class exist or when we cannot find particular persons who should inherit. A number of statutes bear on the subject. One set of statutes, 3B:23-19 and 20, provides for advertisement, and if there is no response the missing heirs have waived the inheritance and the other heirs divide the property. However, other sections, 3B:5-5 and 3B:23-21 provide that the property should be held for the missing heir, in perpetuity, by the State Unclaimed Property Administrator. The issue was raised in a recent case, Matter of Estate of Peterson, 316 N.J. Super. 549 (Ch.Div. 1998), which concerns an intestate estate that was to be divided among 31 heirs. One heir, a first cousin, could not be located.
    [Show full text]
  • James T. Young Singleton, Burroughs & Young, P.A. 1303 Third Avenue Post Office Box 1244 Conway, South Carolina 29528 843-2
    James T. Young Singleton, Burroughs & Young, P.A. 1303 Third Avenue Post Office Box 1244 Conway, South Carolina 29528 843-248-4229 Part 9 SPECIAL PROVISIONS RELATING TO DISTRIBUTION Section 62-3-901. In the absence of administration, the devisees are entitled to the estate in accordance with the terms of a probated will and the heirs in accordance with the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by exemption or intestacy may establish title thereto by proof of the decedent's ownership, his death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and subject to the rights of others resulting from abatement, retainer, advancement, and ademption, and elective share. REPORTER'S COMMENT This section governs the rights of heirs and devisees when the administrator of an estate is not able to proceed for one reason or another or in the absence of administration. This section provides that in the absence of administration the rights of the heirs or devisees will be established by the laws of intestate succession or by the terms of a probated will. Without an administration, heirs and devisees take the property subject to charges, such as charges incident to administration and creditors' claims. In addition, successors in title are 'subject to the rights of others' which may result from 'abatement, retainer, advancement, ademption and elective share.' Section 62-3-902. (a) Except as provided in subsection (b), and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (1) property not disposed of by the will; (2) residuary devises; (3) general devises; (4) specific devises.
    [Show full text]