Probate Administration Archives - RMO Lawyers, LLP | Probate, Trust, Estate Litigation Attorneys
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Probate Administration

Do All Estates Have To Go Through Probate in Florida?

In Florida, most estates will go through some sort of probate process. However, not every estate will need to go through probate. For instance, if a person passes away without a will and all of their assets have beneficiaries or joint owners with rights of survivorship, probate is likely not required. But since most people …

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What Is Probate Code Section 733.814?

Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between beneficiaries. It reads as follows: “When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before …

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What Is Texas Estates Code Chapter 308?

Texas Estates Code Chapter 308 is the portion of Texas law that discusses the notice that the personal representative of a deceased person’s estate must provide to beneficiaries and creditors of the estate.  Section 308.002 requires personal representatives to provide notice to every beneficiary that is named in the will 60 days after the date …

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When a Husband Dies, What Is the Wife Entitled To?

Upon losing her husband, the determination of what the surviving wife will inherit will be based on a combination of state law, the husband’s last will and testament, his revocable living trust, any irrevocable trusts, retirement account beneficiary designations, payable-on-death or transfer-on-death account designations, pre-nuptial agreements, post-nuptial agreements, and potentially other estate planning documents. However, …

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How Do You Terminate a Trustee?

Creating a revocable living trust is an important step in comprehensive estate planning. Typically, you will act as the trustee and ensure your assets are handled competently while still alive. Then, when you pass away, your designated successor trustee will manage and distribute the trust’s property. When you appoint your successor trustee, you should choose …

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What Is Probate Administration in Florida?

The term “probate” refers to the process by which a deceased individual’s assets are distributed to their heirs or beneficiaries, when the assets do not have beneficiary designations and are not held jointly with rights of survivorship. In Florida, this process can be either a formal administration or summary administration. A formal administration requires appointment …

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The Guide to Trustee Succession and Resignation

Trustee succession is the process by which a new trustee takes over the role of managing a trust. Trustee succession may occur when a trustee passes away, becomes incapacitated, resigns, declines, or is removed from the position. What is trustee succession? The term “trustee succession” refers to the process of having a new “successor” trustee …

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Sibling inheritance laws and rights attorney lawyer near me

The Guide to Sibling Inheritance Laws and Rights

Sibling inheritance laws and rights are clearly defined in California, and most U.S. states, by probate code intestacy laws. If an individual dies without a will, their surviving spouse, domestic partner, and children are given an inheritance priority. If there are no surviving spouse, domestic partner, nor children, then their surviving parents are next in …

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The Guide to OCSC Probate Notes and Supplements

Orange County Superior Court probate notes are received after you’ve filed your Petition for Probate with the OCSC probate division. Probate notes are simply the probate court examiner asking for clarification regarding information entered on your Petition for Probate. To address the notes, you’ll file a Supplement to Petition for Probate prior to your probate …

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