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The loss of a loved one brings many challenges. For many families in Miami, their biggest worry is what happens to the family home. Florida law offers unique protections for your homestead property, creating a legal shield for what is often your family’s most significant asset. These laws establish a path for you to secure…
Marriage affects probate and asset transfer, and Florida law provides specific pathways for a surviving spouse. In fact, many of your shared assets may not need to go through a court process at all. A probate lawyer in Miami offers clarity on what happens with your property and finances after a spouse passes away. Schedule…
The role of digital assets in modern probate cases involves identifying, accessing, and correctly managing everything from emails to cryptocurrency as part of the formal court process. Even when a loved one passes, their digital footprint remains. Handling these online accounts and files is a new and often confusing part of settling an estate. A…
Receiving retirement funds in probate allows surviving family members to access assets meant to provide security and financial stability. However, this process can quickly become complicated due to the unique legal and financial considerations of retirement accounts. Despite Florida laws that allow surviving family members to inherit these funds under certain conditions, the process often…
When it comes to how cash holdings in IRAs can be distributed in probate, the process can feel anything but straightforward. The intersection of probate laws and individual retirement accounts (IRAs) introduces important questions about what happens next. Who gets the money? How soon? These are all valid concerns, especially when you’re sorting out someone’s…
The role of Medicaid in probate primarily concerns Medicaid Estate Recovery, where the program seeks to recover the costs paid out during a person’s lifetime from their estate after they’ve passed away. Essentially, the program acts as a creditor, placing claims during the probate process to recoup expenses like long-term care or medical services. But…
When someone passes away, their debt doesn’t simply disappear, though it might feel like it should. Instead, those debts must be addressed during the probate process. How debts are paid in probate can quickly become a source of confusion, frustration, and unexpected delays. Whether you’re trying to understand who’s responsible for paying those debts, how…
Losing a loved one brings overwhelming grief and numerous responsibilities. If someone’s will named you the personal representative (executor) for an estate in Florida, you likely feel the weight of managing their final affairs while navigating your own sorrow. Your goal is to honor their memory and ensure their wishes are carried out smoothly, simplifying…
If you’re here because your loved one who passed away owned real estate, you’re probably wondering, “What now?” Real estate adds a layer to probate that can be both emotionally draining and legally intricate. Whether it’s a family home, an investment property, or a piece of land with sentimental value, navigating it during probate feels…
When a minor receives money or property exceeding $15,000 in Florida, the law has built-in protections to ensure the funds are managed responsibly until the child reaches adulthood. This is where the concept of a guardianship of the property comes into play. But what exactly does that mean, and how does obtaining guardianship of a…
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