Tag: personal-representative
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Who is eligible to file a wrongful death case?
In the state of Florida, if the individual who passed away had a will, the personal representative or executor of the estate can initiate a wrongful death lawsuit on behalf of the surviving family members.
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What happens if someone doesn’t have a will or trust?
If an individual passes away without a will or a trust, their beneficiaries will be determined based on the laws of the state where they resided at the time of their death. This means that the individuals whom they may have wished to inherit their estate might not do so, according to the state’s legal…
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Who is eligible to file a claim for a death caused by accident?
Who is eligible to file a wrongful death claim in Florida? In the state of Florida, there are specific individuals who are allowed to file a claim for an accidental death. Typically, it is a person who is a close relative of the deceased. The children of the deceased may be eligible to file a…
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What Are the Responsibilities of a Personal Representative?
The individual in charge of managing the deceased person’s affairs collects a list of the deceased’s assets, liquidates estate assets to settle outstanding debts, and informs the heirs and creditors about the death. Typically, they are compensated with a set percentage of the estate’s overall value for their efforts. It is recommended to consult with…
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What Occurs During the Probate Process?
The initial step is designating a personal representative or executor to manage the deceased individual’s affairs. This individual is specified in the person’s will or appointed by the court. The executor is commonly the deceased individual’s spouse, child, or another close relative. Nonetheless, in the absence of these individuals, a financial institution, attorney, or trust…
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How much does the process of settling an estate through legal channels cost?
When all the expenses are calculated ? including appraisal expenses, fees charged by the personal representative, court fees, costs for a type of insurance policy referred to as a “surety bond”, along with fees for legal and accounting services, the overall cost of estate settlement can range from 3% to 7% of the total value…
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Who is eligible to become a personal representative?
An eligible individual to act as a personal representative may include a partner, guardian, offspring, sibling, trusted relative, or any other person residing in Florida. Additionally, a qualifying financial institution with authority to fulfill fiduciary responsibilities in Florida may also assume the role of personal representative.
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What if the deceased owned real estate in more than one state?
If there is no will, probate is usually required in each state where the real property is situated, in addition to the home state. Even if there is a will, after it is admitted to probate in the home state, a certified copy of the will must be submitted to probate in each other jurisdiction…
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How should I handle creditors after someone has passed away?
No individual is liable for the debts of another, but it is important to inform the creditors and allow them to submit their claims to the personal representative. Avoid worrying about being harassed by collection agencies and companies seeking payment from you for the debts of a deceased loved one. The legal firm handles this…
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How is a personal representative/executor appointed?
Whether appointed by the testator’s will or qualified to serve by statute, an individual must be appointed by the court to administer the estate. This individual, referred to as the personal representative or executor, will be granted Letters of Administration providing them with the power to act on behalf of the decedent’s estate. Without these…
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What if a loved one passes away due to a car accident?
This case needs to be filed in court within a 2-year timeframe and it is referred to as a wrongful death claim. A personal representative will need to be chosen to advocate for the estate and the compensation of all surviving individuals.
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How can I select a personal representative for my estate?
The choice of a personal representative for your estate is a crucial decision and should be made with utmost care and thoughtfulness. This individual must be 18 years old or older and a resident of the state of XYZ (unless they are a blood relative or related to a blood relative by marriage). Additionally, they…
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What is the role of a probate lawyer?
The task of accurately evaluating, dividing, and dispersing assets can be a complex and time-consuming process for a personal representative. A probate lawyer advises, supervises, and clarifies all the intricacies linked to one’s estate as it undergoes our probate system. The probate system offers the legal mechanism for transferring assets and strives to guarantee (or…
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What is a Will?
A Will (also known as a Last Will and Testament) is a document an individual prepares to designate the recipients of their assets upon their death. A Will also permits the appointment of an Executor (Personal Representative of the estate) who will be accountable for handling, gathering, and distributing the person’s assets after they pass…
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What Is the Distinction Between a Wrongful Death Case and a Survival Action?
Wrongful demise cases center around the harm endured by surviving individuals. Conversely, survival actions aim to secure compensation that the victim would have been entitled to if they had survived. The personal representative of the estate initiates survival actions, and payments are awarded in favor of the estate, which holds significant importance for the beneficiaries.…
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What is an authorization for release of protected health information?
Under the Privacy and Security of Health Information Act your medical records are private and even your spouse is not entitled to access to your records. The authorization for release of protected health information is sometimes referred to as the PSA Authorization or PSA Release. This is a written document that designates who, besides yourself;…