Orsatti & Associates, P.A., Legal Blog
Relocating to Florida? Estate planning help for new residents
Relocating your family to Florida may mean more than moving your belongings. It also means bringing any existing estate documents that were created under another state’s laws. While these documents may still hold value, they likely need updates to comply with...
Should Florida homes disclose a prior death?
Learning that someone died in a home can affect how a buyer feels about the property. Buyers may reconsider because of personal beliefs. However, Florida law does not treat that history as information that a seller must volunteer. A death should be distinguished from...
Handling probate in Florida when you live outside the state
When a deceased loved one holds assets in Florida, their estate must go through the state's probate system even if you live elsewhere. Known as ancillary probate, the process involves managing a decedent's affairs from another state. Ancillary probate applies when...
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...