Orsatti & Associates, P.A.Real Estate, Estate Planning, Family And Business Law Representation2026-09-05T03:34:19Zhttps://www.orsattilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503249/2021/09/cropped-favicon-N-1-32x32.pngOn Behalf of Orsatti & Associates, P.A.<![CDATA[Handling probate in Florida when you live outside the state]]>https://www.orsattilaw.com/?p=471792026-09-05T03:34:19Z2026-09-05T03:34:19ZWhen 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 the deceased was a Florida resident or owned real estate or certain tangible assets in the state. Even if you live out of state, Florida courts require a formal proceeding to transfer those assets. The court will review authenticated documents, confirm the validity of the will and ensure that the person handling the estate has proper authority.
Steps involved in administering a Florida estate
Administering a Florida estate involves several structured steps that help ensure accurate handling of the decedent's property and finances. These steps typically include:
Filing the will and supporting documents with the appropriate Florida court
Identifying and securing property and financial accounts in the state
Reviewing creditor claims and addressing any outstanding obligations
Distributing assets according to the will or Florida law
Following these steps carefully helps create a clear record of how the estate is ultimately managed. This structure is especially important when questions arise about prior financial activity, including large or unexpected charitable donations.
Addressing concerns about questionable transactions
After a family death, relatives may discover unfamiliar or unusually large donations when reviewing a parent’s records. If you spot transactions that feel unusual, take these steps to verify their validity:
Confirm whether the donations were consistent with past giving
Check dates and amounts for accuracy
Review account statements for any irregularities
It is important to note that Florida requires licensed local legal representation during most probate cases, including ancillary proceedings. Local representation also helps prevent delays and keeps you informed during the entire administrative process.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[Signs a personal representative may be mismanaging an estate]]>https://www.orsattilaw.com/?p=471652026-08-28T23:31:18Z2026-08-28T23:31:18ZBeneficiaries have legal options
A personal representative can be removed for certain forms of misconduct, such as:
Failing to account for the sale of property
Failing to produce estate assets when required
Wasting or mismanaging the estate
Here are some red flags to look for if you believe a personal representative may be mismanaging an estate:
They won't provide information: A personal representative who refuses to provide information about estate assets, expenses, debts or distributions may raise concerns. A lack of communication doesn't automatically establish wrongdoing, but if a personal representative refuses to answer reasonable questions or won't provide information, court intervention may be appropriate.
Estate assets are missing: Another warning sign is when property that should belong to the estate cannot be located. A personal representative has a duty to identify, protect and properly administer estate assets. If assets disappear or can't be accounted for, beneficiaries may have cause to investigate.
They use estate money for personal expenses: Estate funds should not be treated like the personal bank account of the person administering the estate, such as paying personal bills, making unauthorized loans or covering expenses unrelated to administering the estate. Any transaction involving estate property may require scrutiny when the personal representative has a personal interest in the transaction.
One beneficiary appears to be receiving preferential treatment: Family conflicts can become difficult when one beneficiary is also serving as the personal representative. There may also be cause for concern if the personal representative gives one beneficiary estate property before distribution, allows one beneficiary to purchase property at an unusually favorable price or uses estate resources for the benefit of one family member.
Beneficiaries who suspect estate mismanagement don't have to accept the situation. A legal professional can review the circumstances, examine the estate's records and explain what legal options may be available. Taking action early can help protect estate assets and prevent further losses.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[How a Florida living trust protects a minor’s inheritance]]>https://www.orsattilaw.com/?p=471642026-08-07T10:46:11Z2026-08-07T10:46:11ZA trust can avoid direct control by a minor
A minor usually cannot manage inherited property alone. Without a trust or another planning tool, a family may need a guardianship or similar court process to handle money or property left directly to the child. Florida guidance on planning for children and inheritances also reflects why parents often want clearer instructions in place before that issue arises.
What can a living trust control?
A trust can do more than hold money. It can set rules for how a trustee uses the funds for health care, education and support while the child is still young. It can also delay full distributions until ages the parent chooses, which may reduce the risk of turning over a large inheritance all at once when the child first reaches adulthood.
Staged distributions can protect the long-term plan
A trust can help a parent decide whether a child receives money in stages instead of in one lump sum. That can help the inheritance support the child over time rather than being distributed in a single lump sum when the child first reaches adulthood. An estate planning attorney can help tailor the trust’s terms so the inheritance fits the child’s long-term needs.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[Can beneficiaries ask for a formal estate accounting?]]>https://www.orsattilaw.com/?p=471632026-08-03T07:06:02Z2026-08-03T07:06:02ZWhat is a formal estate accounting?
A formal estate accounting is a financial report. The personal representative usually prepares it during probate. The report shows how the personal representative managed the estate's money and property.
The report lists the estate's assets, income, expenses, debt payments and distributions. Florida law requires the personal representative to provide the accounting to interested persons entitled to receive the accounting. The report gives them a clear record of the estate's financial activity.
When can beneficiaries review an accounting?
Florida law usually requires a final accounting before the estate closes unless a valid waiver or another legal exception applies.
Interested persons entitled to receive the accounting can review the report and raise concerns if they find mistakes or missing information. For example, they may have questions if:
Estate assets are missing or unexplained.
Financial records do not match the accounting.
Distributions take longer than expected.
Estate funds appear to have been used for improper purposes.
If a dispute arises, the probate court can review the accounting and decide the next steps.
What happens after the accounting?
The personal representative gives the accounting to those entitled to receive it. They can review every entry and ask the court to resolve any disputes. The court can address valid concerns before the estate closes.
A formal estate accounting helps those entitled to receive it understand how the personal representative handled the estate. It also gives them a chance to review the estate's finances and raise questions if they identify possible errors or omissions.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[3 examples of real estate title defects]]>https://www.orsattilaw.com/?p=471622026-07-18T22:02:52Z2026-07-18T22:02:52ZReal 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 has been rectified. To help you understand how this works, here are three examples of title defects to keep in mind.
1. Inconsistencies between documents
Transferring property involves the use of many different documents, such as a certificate of title and a deed. Ideally, the wording and signatures should be consistent between these documents. If there are significant discrepancies, they can complicate the process of buying or selling that property.
2. Financial issues
In other cases, there can be financial problems that make it difficult to sell the property. Maybe there is an outstanding mortgage and the property owner has fallen behind. Perhaps there is a mechanic's lien on the property, so it cannot legally be sold until the lien has been addressed. Any financial hold on the property has to be addressed before a sale -- or it becomes the responsibility of the new owner.
3. Joint ownership
Finally, there are sometimes title issues when multiple people claim ownership of the same property. Say that two siblings inherited a home from their parents when their parents passed away. If one sibling is trying to sell the property, but the other wants to keep it, it may be impossible for one owner to sell that real estate on their own. Because there are joint owners, everyone has to agree to the transaction, or a court order has to be issued.If you have run into any of these title issues, be sure you know what legal options you have to help the process go smoothly.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[What happens if the courts rule that a will is invalid?]]>https://www.orsattilaw.com/?p=471602026-06-30T00:53:35Z2026-06-30T00:53:35ZThere are two common solutions available
If the testator made changes to a will later in life that the courts set aside due to credible claims of undue influence or a lack of testamentary capacity, then the courts may defer to a prior version of the document during estate administration. The earlier wills can influence what the courts deem appropriate when allocating the decedent's property.
If there are no earlier versions of the will or if those documents appear to include the same questionable terms, possibly due to illegal provisions in an estate plan, then the courts may treat the estate as though the testator died without a will. Intestate succession laws outline how the court should distribute property. The focus is on the protection of immediate family members.
Reviewing the history of an estate plan with a probate lawyer can help concerned parties better predict how the courts may respond if a will contest is successful. Those who contest wills need evidence of problematic circumstances and must understand the potential consequences of their decision to take legal action before moving forward with any kind of well-founded confidence.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[Does a new owner have to honor an easement?]]>https://www.orsattilaw.com/?p=471582026-06-19T19:11:10Z2026-06-19T19:11:10ZA 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 two property owners, and it may not have to be transferred if the property is sold. The new owner can decide if they want to continue the easement or not, and they can negotiate with the other property owner.On the other hand, an easement appurtenant is part of the property and can be transferred when it is sold. It is said to "run with the land." The new property owner has an obligation to uphold it, even though they are not the one who originally instituted it.
Easements and property values
For this reason, easements can sometimes have an impact on property values.Say that a property has an easement appurtenant, meaning it runs with the land and it will have to be upheld by a new property owner. This could limit some of the prospective buyer pool. Because there are fewer people who are interested in purchasing the property, this may serve to drive the property value down.Every situation is unique, however, and many properties have easements that people do not even think about. For instance, easements are often used by utility companies so that they can service a property.For any issues regarding easements and real estate, it can be helpful to work with an experienced attorney, especially if a dispute arises.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[How long must executors wait for creditor claims during probate?]]>https://www.orsattilaw.com/?p=471572026-06-04T10:12:41Z2026-06-04T10:12:41ZThe type of notice determines the timeline
There are two ways that personal representatives communicate with creditors about estate administration. Personal representatives typically send direct notice in writing to known creditors. Creditors that receive written notice directly have 30 days to file financial claims against estates.
If the creditors are not easily identifiable through financial documentation or correspondence, the personal representative may not notify them directly but rather through the publication of notice. In cases involving unknown creditors learning about the situation through published notice, they may have up to three months to file claims against the estate.
Personal representatives often need to wait before making final distributions to ensure that they have enough resources to pay all valid creditor claims. Otherwise, they could be liable for any improper distributions they make.
Working with a probate and estate administration attorney can help personal representatives ensure they follow the right procedures. Understanding the timeline for submitting payment claims can help those administering in a state or waiting to receive property from an estate estimate a reasonable timeline for the process ahead.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[Protecting benefits with a special needs trust]]>https://www.orsattilaw.com/?p=471562026-05-23T07:59:07Z2026-05-23T07:59:07ZWhile 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 and that there will not be any unintended consequences.
Often, the best way to do this is to set up a special needs trust. You place the assets into the trust so that the beneficiary does not personally own them. But you can still choose a trustee who can use that money to cover necessary costs and help support the individual’s life, potentially for years to come.
Receiving government benefits
One thing to consider is that the individual may receive significant government benefits to help cover costs like housing or medical care.Often, these benefits are only approved after the government looks at a person’s income and assets. They have to pass a means test in order to qualify.This is why a direct inheritance can sometimes be problematic. If you left the money to them personally, it could increase their assets so that they no longer qualify for benefits, and they may have to spend those assets down before becoming eligible again. But by instead putting the assets into a special needs trust, the beneficiary may retain their government benefits, while still having access to their inheritance when needed.
Planning in advance
This helps demonstrate why a comprehensive estate plan is about much more than just writing a will. Planning in advance can help address complications and ensure that things go smoothly for your family.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[What is a contingency clause?]]>https://www.orsattilaw.com/?p=471552026-05-12T15:56:33Z2026-05-12T15:56:33ZReal 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, a buyer may have gotten preapproval from their lender, indicating that they will likely be approved for the loan necessary to buy that property. But they have not yet received final approval, which can take weeks and may only happen after certain inspections have been carried out. The buyer may include a contingency clause saying that their offer is only binding and they are only obligated to move forward with the purchase if they are given the final approval for that loan.After all, most buyers are fairly confident that they will be given approval, but unexpected complications could arise. If they do not get the loan, then they do not have to purchase the property.
Home inspections
Speaking of having inspections carried out, that is another common contingency clause. A buyer may feel confident making an offer on a property because they have seen it themselves, but they still want to hire a professional home inspector. If there are serious issues with the property, then they often have the option to walk away from the offer or request that updates and repairs be made.Contingency clauses are just one detail to be aware of when navigating a real estate transaction, as they can significantly impact the outcome. It can help to work with an experienced attorney when the contracts become complicated.
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