Orsatti & Associates, P.A., Legal Blog
Signs a personal representative may be mismanaging an estate
When someone dies, the personal representative (commonly known as an executor) is responsible for identifying and protecting estate assets, paying the deceased's debts and expenses, handling required paperwork and distributing the remaining assets according to the...
How a Florida living trust protects a minor’s inheritance
A minor child in Florida cannot simply take direct control of an inheritance. If a parent leaves assets outright to a child, the family may need a court-supervised process to manage that property until the child becomes a legal adult. A living trust allows a parent to...
Can beneficiaries ask for a formal estate accounting?
When a loved one dies, beneficiaries often want answers. They may wonder what happened to the estate's money and property. They may also want to know when they will receive their inheritance. A formal estate accounting can answer many of those questions. What is a...
3 examples of real estate title defects
Real estate title defects can significantly complicate a transaction. It is often important to address these issues upfront and explore potential resolutions. In some cases, a title defect will be so significant that the property transfer cannot be completed until it...
What happens if the courts rule that a will is invalid?
Family members, people who expect to inherit from an estate, and even creditors, sometimes question the validity of a will. People can contest wills that contain illegal provisions. They can also ask the courts to rule on whether a testator was subject to undue...
Does a new owner have to honor an easement?
A new property owner may have to honor an easement that already existed on that property when they purchased it. It usually depends on how the easement was set up initially. In some cases, a property will have an easement in gross. This is a personal agreement between...
How long must executors wait for creditor claims during probate?
Fulfilling financial obligations is a top priority during the probate process. Personal representatives may face liability for debts if they are not proactive about identifying and paying them promptly. Beneficiaries or heirs expecting to inherit from an estate...
Protecting benefits with a special needs trust
While making an estate plan, you may be trying to figure out the best way to leave an inheritance to a beneficiary who is chronically ill, has a disability or has some form of special needs. You want to ensure that your money can actually help them in the long term...
What is a contingency clause?
Real estate contracts often include contingency clauses, which are stipulations that must be met in order for the contract to remain binding between the two parties. Often, these are used as a way to protect a buyer when they make an offer on a property. For instance,...
Can you delay when someone gets their inheritance?
You can create your estate plan in such a way that you control when a person gets their inheritance. If you would like, it is possible to delay this distribution for some time after your death. For example, say that your estate plan includes a beneficiary who is 18...