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Category Archives: Probate

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Collecting Debts On Behalf Of The Estate Of A Deceased Person

By David Toback |

It is frustrating when creditors keep pursuing you about debts you cannot pay.  At least, when you are the personal representative of an estate and creditors contact you to collect money that the decedent owed them, you can respond, “The person to whom you lent money is dead.  Kindly accept this paltry settlement and… Read More »

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Why You Should Act Quickly To Open A Family Member’s Estate For Probate

By David Toback |

After the death of a family member, the last thing on your mind is ensuring that your in-laws and your stepchildren get their inheritance, unless, of course, they are bugging you about it.  After planning a funeral and moving the decedent’s belongings out of the nursing home, you are eager to get used to… Read More »

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How To Deal If You Are The Personal Representative Of An Insolvent Estate

By David Toback |

High prices and the economy seem to be here to stay.  Millennials probably will never be able to afford to retire, which means that some of them will be living paycheck to paycheck when they die.  Therefore, insolvent estates are likely to become more and more common as the last generation to own substantial… Read More »

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The Cash Gift That Can Come Back To Haunt Your Family Decades Later

By David Toback |

What is the worst thing that can happen to a family when a recently deceased relative’s estate is going through probate?  Is it a long-lost sibling, the product of a long-ago romantic relationship that Dad never told anyone about?  Such events are rare, even though estate research firms sometimes try to tell people who… Read More »

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Coping With Estate Inventory

By David Toback |

When people find out that a recently deceased person has named them as personal representative of the estate, or when they try to settle the estate of a family member who died without a will, their biggest worries tend to revolve around disputes over inheritance rights, creditor claims gobbling up a significant portion of… Read More »

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Do Business Ownership Interests Go Through Probate When A Business Owner Dies?

By David Toback |

Some people love their jobs so much that they never want to retire, and some achieve that goal, continuing to work until they die.  Certain professions attract this attitude more than others; no one dreams of being an octogenarian in a cubicle farm.  Business owners are among those who aspire to draw their last… Read More »

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Summary Estate Administration And Florida Law

By David Toback |

You always hear that, when a family member dies, you must promptly submit a petition to the court for probate of the estate, but what happens if you don’t?  Not much, except that the decedent’s heirs and creditors don’t get paid.  It isn’t as if the estate can assess penalties on a dead person… Read More »

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Are You In Compliance With Your Fiduciary Duty As Personal Representative Of An Estate?

By David Toback |

A lot of people feel honored when they hear that a family member’s will contains a provision for the person to be appointed as person representative of the testator’s estate.  Acting as personal representative of a family member’s estate can seem like an act of love, and people gladly take on the responsibility as… Read More »

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Who Gets A Copy Of The Decedent’s Will During Probate?

By David Toback |

Being the personal representative of the estate of a deceased person is a big job.  This is why some people designate a probate lawyer to act as personal representative, and why some people whose family members named them as personal representative choose to hire lawyers to help them fulfill their duties as personal representative. … Read More »

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Can You Request A Change Of Personal Representative In A Probate Case?

By David Toback |

Family businesses aren’t for everyone.  You might enjoy getting together with your siblings on weekends and holidays, playing crazy eights and quoting old movies, but the idea of having to include them in your financial decisions or counting on them to meet deadline is more stressful than you care to think about.  Working in… Read More »

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