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Tag: personal-representative

  • The Job of a Court-Appointed Fiduciary in Handling Wills and Trusts

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    – Court-appointed fiduciaries are responsible for managing assets and accounting for the trust or estate’s assets. – They offer objective solutions to resolve conflicts among family members or stakeholders. – They safeguard the intent of the deceased or settlor and the interests of the beneficiaries. – Fiduciaries manage the financial aspects of trusts and estates,…

  • Understanding Florida’s Probate Process

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    1. Probate is the court-supervised process of administering a deceased person’s assets in Florida. 2. A personal representative is appointed to take charge of the probate process, including identifying, gathering, and securing the estate assets. 3. The probate process involves paying valid creditors, taxes, and expenses, followed by distributing the remaining assets to the beneficiaries…

  • Florida Homeowners Construction Recovery Fund: What You Need to Know After a Disaster

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    – The Recovery Fund was created to provide relief for Florida homeowners who have been harmed by licensed Division I contractors. – Claimants are eligible to seek recovery from the fund if they have exhausted the limits of any available bonds or insurance and have received a final judgment in a court of competent jurisdiction…

  • Understanding Florida Estate Planning Laws: Statute 736.0802

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    1. A trustee is responsible for protecting trust assets and carrying out the settlor’s intentions. 2. Trustees may need to hire professional experts, including attorneys, to fulfill their duties. 3. Trustees are typically allowed to use trust assets to pay for attorney fees, but conflicts may arise when an attorney is hired to defend against…

  • “What Happens if the Defendant Dies in a Legal Case?”

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    1. When a defendant in a civil suit passes away, the cause of action is not extinguished by their death. 2. If a defendant dies before a lawsuit is filed, the personal injury action can be brought against the defendant’s personal representative in a pending action. 3. Florida’s survival statute ensures that all causes of…

  • Common Questions about Disputes in Florida Business Partnerships

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    – A partnership in Florida is created when two or more people associate to carry on a business for profit. – Intent to form a partnership can exist even without a written or verbal agreement. – The formation, operation, withdrawal process, and dissolution of a Florida partnership are typically governed by the Florida Revised Partnership…

  • What Happens to My Spouse’s Debts When They Die?

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    – Most Americans have some form of debt, accounting for an estimated $14 trillion in debt collectively. – While most debts are paid by the deceased person’s estate, in some cases, the surviving spouse may be responsible for paying off the deceased spouse’s debts. – People of all ages, including those nearing retirement or in…

  • “Winning a Wrongful Death Case: Legal Requirements”

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    – Wrongful death in Florida is defined as occurring when a person or entity causes another person’s death by a wrongful act or negligence. – Only the personal representative of the deceased person’s estate is allowed to file a wrongful death claim in civil court in Florida. – Surviving family members may be able to…