Probate procedures in Florida

Financial Planning - Financial planning in general. (Moderated) 

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Subject Author Date Probate procedures in Florida Dru 05-28-2009  Re: Probate procedures in Florida AndyS 05-29-2009  Re: Probate procedures in Florida dapperdobbs 05-29-2009
Posted by Dru on May 28, 2009, 7:25 am I sought to find out how to save time and money when you wrap up an estate in Florida. I saw some postings in this group concerning probate issues, so I will start this discussion. To keep in mind that there is a recession and many law firms are struggling to pay the bills and even the courts are circumventing the language of many statutes to procure funds to the courts just to operate, keeping in mind all that here is the question(s); I have talked to 4 attorneys all gave me totally different answers, some say probate is automatic regardless of the value or the estate which is 1 house (value $40.000) 1 car 2000 model, and no life insurance just a police for $2,500.00 for funeral expenses and no savings over $2,000.00. The language as I read it is estates valued under $60,000.00 are not subject to a probate action thus requiring an attorney. The Will stipulates I am single since my husband passed in 2003 which I transferred all debts he had in his name only (credit cards) in good faith to my credit cards which has left me at this time at $15,000.00 in debt, none of which is in any sort of default action. The Will stipulates that my only child my son will get everything including all the responsibility of my debts or monetary obligations which is utility’s and credit card payments all up to date. My question to these attorneys was when I die and my son takes over with my bills will he 1. Be able to transfer the deed to his name without probate action, and 2. Will my creditors let my credit card balances be paid off as usual as if I was still alive? 3. What is the statute that defines that a person MUST retain an attorney to transfer a deed in this situation? One attorney said I did not need a Will it's all automatic and the probate fee is pre-set as to not let the probate action and appointed attorneys consume the whole estate for attorney fees and costs. Another attorney said I had to hire an attorney now and if I didn't and my son did not ASAP after my death he would be criminally charged. Another attorney said that it was your son the executor/sole heir's responsibility to file the Will in the county court. As with all the other attorneys none could give me a statute to read the procedures. I asked about “small estate” probate procedures, none acted like there was such a thing. http://www.nolo.com/article.cfm/ObjectID/F0952293-DC46-4E97-8434F85D322CF6BF/catID/9F594B71-B41B-4513-923BF19B4D9ACDAA/309/227/ART/ Thank's for some unbias responses. Dru Posted by AndyS on May 29, 2009, 7:06 am > I sought to find out how to save time and money when you wrap up an > estate in Florida. > > I asked about “small estate” probate procedures, none acted like there > was such a thing. > > http://www.nolo.com/article.cfm/ObjectID/F0952293-DC46-4E97-8434F85D3... > > Thank's for some unbias responses. > > Dru Andy comments: I suggest that you post the question on misc.legal.moderated . That moderated newsgroup is frequented by many attorneys and I have gotten much useful info there on will and probate subjects. Good luck, Andy in Eureka, Texas Posted by dapperdobbs on May 29, 2009, 1:16 pm >[snip] > Thank's for some unbias responses. > > Dru As to estates and Wills in Florida, I found an attorney to draw up my Will for $350. She also explained a few basics. Subsequently, an expensive estate attorney told me it was all wrong and I should pay him $2,500 (I have not - even I spotted one mistake he made in explaining what was wrong). You may find a young attorney just starting out at the local self-help law center. Lawyers have this society so wrapped up in legalese that it's very hard to give any advice, responsibly. By all means read, but my impression is that courts support the intent of a Will (not the price of the attorney who wrote it). Take a look at Payable On Death checking accounts (they make funds immediately available to the named recipient) but I believe those are also joint accounts, so be careful. One important thing often overlooked is a detailed letter to your heirs / executor, explaining what you wish to happen, telling them where the keys are, where the china is, where the insurance policies are, a list of all accounts and numbers, summary of your assets, bills that will be payable, where your jewelry is, who gets the silverware - details of your current affairs which only you know.