Blogs & Articles
Personal Representative Compensation
Is a Personal Representative of a Florida Probate entitled to compensation and, if so, how much?
NAMING A GUARDIAN FOR YOUR MINOR CHILDREN
A guardian is the person parents choose to take care of their minor children if the parents pass away before the children become adults. Naming a guardian is important because it gives parents control of the situation. If parents do not name the guardian, a judge will...
Funding Your Trust
Your assets may be subject to probate if you fail to properly “fund” your trust. Funding a trust is the process of transferring the legal title of assets from your name, individually, into the name of your trust. An un-funded trust is like an empty bank account. If a...
WHO HAS PREFERENCE AS PERSONAL REPRESENTATIVE?
Under Florida law, individuals who are named personal representatives in the will, surviving family members, and beneficiaries have preference to serve as the personal representative of an estate. Section 733.301 of the Florida Statutes ranks the order of...
WHO CAN BE A PERSONAL REPRESENTATIVE?
A personal representative is an individual who manages and settles the estate’s affairs. A personal representative must be a close family member of the decedent or a Florida resident according to Section 733.302of the Florida Statute. Close family members can be...
The Hierarchy of Creditors
When the decedent owes more money than he left behind, who gets paid?
Deed Fraud Targets Probate Properties
Leaving Assets to Minors: Guardianship, Trusts & the UTMA
When clients want to leave their assets to minor beneficiaries, we almost always will recommend that the assets are left “in trust” as opposed to devising the assets directly to the minor children. In Florida, assets left directly to beneficiaries will often need to...
Monique Lavender Greenberg named to Super Lawyers “Rising Star” List
Lavender Greenberg PLLC is proud to announce that Shareholder Monique Lavender Greenberg has been selected to the 2019 Florida Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to...
What is probate?
Probate is the court-supervised process for identifying and gathering the decedent’s assets; paying taxes, claims and expenses; and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes.