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How do I start probate in Florida?

By Messina Law Group, P.A. |

Starting probate in Florida can be a complex legal process, and in most cases, it is advisable to engage the services of a probate attorney immediately after the passing of a loved one. Although emotions may run high during this time, there are specific tasks that must be attended to. As the representative or… Read More »

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How Long Is the Average Probate in Florida?

By Messina Law Group, P.A. |

The Duration of Probate in Florida: A Comprehensive Overview Probate duration can vary significantly in Florida, typically ranging from 4 to 12 months for estate settlement, with an average of approximately 6 months. The timeline is influenced by the estate’s size and complexity. While each probate case is unique, there are strategies to expedite… Read More »

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What Assets Avoid Probate in Florida?

By Messina Law Group, P.A. |

Exempt Assets from Probate in Florida: A Comprehensive Overview Understanding which assets are exempt from the probate process in Florida is vital when crafting your estate plan. While many assets go through probate to ensure proper distribution to beneficiaries and creditors, certain assets can bypass this process altogether. This article provides a comprehensive overview… Read More »

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What Documents are Needed for Probate in Florida?

By Messina Law Group, P.A. |

Essential Documents for Probate in Florida: A Comprehensive Guide Probate, also known as estate administration, is a crucial process in the State of Florida, transferring ownership of a deceased person’s property to their heirs. Whether a Last Will and Testament exists or not, probate becomes necessary if the estate’s value exceeds $75,000. This article… Read More »

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Can a House be Sold During Probate in Florida?

By Messina Law Group, P.A. |

When a loved one passes away, there is often confusion surrounding whether the deceased’s house must go through probate. In Florida, the law allows designated heirs and/or the executor to sell the property even before probate is completed. Understanding the Probate Process for a House in Florida The executor, also known as the personal… Read More »

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Who Gets Paid First During Probate in Florida?

By Messina Law Group, P.A. |

Understanding Debt Prioritization in Florida Probate In the probate process in Florida, settling the deceased’s debts is a crucial responsibility of the estate’s representative or executor. However, it is essential to follow strict prioritization and regulations set by the state regarding debt payments. This article outlines the order of estate payments during probate and… Read More »

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Who Inherits When There is No Will in Florida?

By Messina Law Group, P.A. |

Understanding Inheritance Rules Without a Will in Florida The absence of a will can lead to uncertainty about the fate of one’s property in the event of death. In Florida, dying intestate (without a will) does not mean the state seizes your assets. Instead, specific rules dictate how the deceased’s estate will be distributed… Read More »

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Will Banks Release Money Without Probate in Florida?

By Messina Law Group, P.A. |

Avoiding Probate for Bank Accounts in Florida: Understanding the Exceptions and Considerations In the State of Florida, the probate process is generally required for assets, including bank accounts, above a certain value, irrespective of whether the deceased left behind a will. However, there are exceptions to this rule, which can help bank accounts avoid… Read More »

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Can I File a Partition Lawsuit Without a Lawyer in Florida?

By Messina Law Group, P.A. |

When multiple individuals co-own a property, such as siblings inheriting a house or individuals purchasing property together, it is essential for them to make joint decisions regarding the property’s disposition. However, disagreements can arise, and the joint owners may find it challenging to reach an agreement. In such cases, filing a partition lawsuit becomes… Read More »

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Defenses Against a Partition Action in Florida

By Messina Law Group, P.A. |

What Are the Defenses Against a Partition Action in Florida? A partition action in Florida may arise when multiple co-owners, such as children of a deceased parent or spouses, jointly own real estate and disagreements occur. While an amicable agreement between parties can avoid the need for partition action, sometimes conflicts arise, leading to… Read More »

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