You are named the personal representative (or executor in other states) and a loved one or family member has just died. No doubt these are difficult times, but thankfully there are many resources for help. The following is a checklist of initial important tasks to help guide you after the funeral or memorial service.

Note: You are not required to accept the Personal Representative duties. Before you can legally act on behalf of the estate you will likely need to secure Letters of Administration issued by a Florida probate court that officially designate you as the legal authority in charge of the estate. Therefore, you should not take action as Personal Representative before you know your duties and what potential claims you may face from estate beneficiaries and creditors. Consult a Miami probate attorney and see our 10 Basic Legal Rights for Beneficiaries Under a Florida Will.

First Priority Action Items

____ 1. Take possession of all legal records including:

__ Original will and all amendments or codicils

Note: If decedent did not leave a will, the beneficiaries will be determined according to Florida intestate law. See Dying Without A Will In Florida.

__ Tangible Personal Property Memorandum or writing indicating instructions for distribution of tangible personal property (such as jewelry, furniture, cars)

____ 2. Take possession of all financial records such as:

__ Inventory of assets if available

__ Passwords to computer, internet media, or social media

__ Checkbooks

__ Credit cards

__ Statements from all banks, financial companies, or financial advisors

Click here for the complete checklist: Florida Personal Representative Checklist

This is a short list of initial action items for a person who accepts the duties as Personal Representative. It is not a complete list of tasks. The Personal Representative will only be able to determine all tasks after carefully reviewing the will, if there is one, with a Miami probate attorney. Attorneys at Rarick Trusts & Wills Law have helped many family members navigate the bureaucratic Florida Probate process as the Personal Representative. We are available to help you. Contact us at (305) 709-2858 or email to info@raricklaw.com.

Special Note:

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult a Miami probate attorney that is experienced in Florida probate law. Your receipt of information from this website, blog, or Miami probate attorney does not create an attorney-client relationship and the legal privileges inherent therein.

The person in charge of making sure the property distributions in the Will are satisfied according to the instructions of the decedent is called a “Personal Representative” (referred to in other states as an “Executor”). The Personal Representative (or “PR”) has numerous fiduciary duties that run like a laser beam to the beneficiary. Here are some of the most important:

1. You have a right to secure a true copy of the Will. The original will must be deposited with the court within 10 days of notice of death by whomever has custody of it. F.S. 732.901

If you receive a Notice of Administration from the Personal Representative, it is strongly advisable to immediately request a copy of the Will from the PR.

Note: If the decedent did not have a will, your rights are determined – and protected – according to Florida intestate law. See a Miami probate attorney to help determine your rights and visit our previous article Dying Without a Will in Florida: Who Gets What? for more information.

2. You have a right to receive a Notice of Administration from the Personal Representative that will provide valuable information but will also establish a deadline as to when you can object to the Will. See #3 below. F.S. 733.212

3. If you believe the Will is not the true last will of the decedent, was executed when the decedent lacked capacity to understand what he or she was signing, or was secured as a result of undue influence, you have a right to contest the validity of the Will offered to probate.

Note: If you receive a Notice of Administration, your deadline for challenging the Will is 90 days after receiving said Notice. F.S. 733.212(3)

4. You have a right to see the inventory of the estate. The inventory must be filed within 60 days after the Personal Representative is appointed by the court and receives his or her Letters of Administration. F.S. 733.604??

5. You have the right to receive a detailed accounting filed by the Personal Representative pursuant to F.P.R. 5.345. If the PR has not filed an accounting, you have a right to compel the PR to do so. F.P. R. 5.150 Lastly, you can object to an inventory or accounting filed by the PR.

6. You have the right to Petition for the removal of the Personal Representative. F.S. 733.506.

7. You have the right to petition for an interim distribution. F.P.R. 5.380; F.S. 733.612(26)

8. You have the right to receive an inventory of safe deposit box F.P.R. 5.342

9. You have the right to petition for determination of homestead status of real property. F.P.R. 5.045. Such a petition is often advisable to shield the decedent’s primary residence from claims of creditors.

10. You have the right to petition for a decrease in the Personal Representative’s compensation. F.S. 733.617

This Report is only a summary of the key rights a beneficiary possesses under a Florida Will. It is not a complete list of rights. For more information, contact Phil Rarick, Miami probate attorney, at (305) 709-2858 or info@raricklaw.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami probate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Most divorce judgments call for one of the parties to obtain a life insurance policy for securing the payment of child support, alimony or some other financial obligation. Let’s assume the obligation is solely child support: a potential mistake is failure to secure payment of the policy premiums by use of an irrevocable Children’s Safe Harbor Trust structured as a spendthrift trust.

For securing the payment of child support, the settlement agreement should have specific language that may read as follows:

Larry shall establish an Irrevocable Children’s Safe Harbor Trust (“Trust”) to secure the payment of his child support and other financial obligations set forth herein. Within 10 days of execution of this Agreement, Larry shall transfer sufficient funds to the trustee of the Trust to purchase a term life insurance policy with a face value of $750,000 for a term of 10 years. The Trust shall be the owner and sole beneficiary of the insurance policy. The initial trustee of the Trust shall be [CPA, attorney, or independent third party]. The sole beneficiaries of the Trust shall be the children named herein. Said Trust shall be structured to (a) provide for the education, health, maintenance, support, and best interests of the children; (b) to protect the proceeds from creditor claims of Larry, the wife, or the children; and (c) comply with all of Larry’s financial obligations to the children as set forth in this Agreement. [Said Trust is attached hereto and fully incorporated herein.]

The Safe Harbor Children’s Trust could help insure that the policy does not lapse if Larry does not have sufficient funds to purchase the policy outright, but rather needs to pay on a monthly schedule. If a premium payment schedule is needed, it would be wise to have Larry prepay at least 3 months of premium in advance to the Trustee. The trustee would be required to notify the wife if funds for payment of the premium fall below a required minimum balance.

Such monies would be held by the Trustee to ver non-payment and give the wife time to compel the Husband to make payments. An alternative would be to purchase a life policy with the premiums guaranteed.

Note: Larry would want the trust structured to maximize his annual gift tax exclusion of $18000 per beneficiary in 2024. This is accomplished in the trust terms by use of what is known as “Crummey Powers”. Using such powers and assuming Larry has three children, he could annually transfer tax free $42,000 and not be required to file a Form 709 gift tax return.

How We Can Help

The primary focus of Rarick Trusts & Wills Law is trusts of all kinds and estate tax planning. As Miami trust attorneys, we have many years of experience in working with family law attorneys. We are available to consult with you and welcome any questions or comments. For more information, contact Phil Rarick at (305) 709-2858 or info@raricklaw.com. Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami trust attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

A living trust is simply detailed, legally binding instructions to care for you and your family. There are three key players in a trust. First, the Trustmaker or grantor; this is the person who makes the trust. Second, the Trustee, whose job is to follow the instructions of the trust exactly and to the spirit of the trust. The third role are the Beneficiaries. The Trustee’s fiduciary duties run like a laser beam to the beneficiaries: every penny of the Trust must be used in the best interests of the beneficiaries.

Initially, you can act in all three roles in your living trust: You can be the trustmaker, trustee and beneficiary. Your spouse, children, or other loved ones can also be beneficiaries.

Your living trust is revocable – you can change your trust instructions anytime you wish. There is only one person in the world who can change your instructions: you. In the event of your temporary or permanent mental incapacity, or upon death, the trust locks in and becomes irrevocable so that no one else can change it.

Note: To achieve the objectives noted here, your trust must be properly drafted by an experienced Miami trust attorney and funded by transferring your assets to the trust. Funding of the trust is essential to achieving the trust purpose. Your key assets must be titled in the name of the trust or flow into the trust because the trust is the beneficiary of your account. If you have a living trust, and you have not reviewed the trust funding within the past several years with your attorney, it is likely time to do so.

For more detailed information see our paper: Understanding Living Trusts For Florida Residents. Take-Away Points

1. Every person, whether you have $100,000 or $1 million, should likely have a living trust rather than a will. A will must usually go through the costly, bureaucratic court system known as probate. A trust, properly funded, can avoid probate.

2. A living trust is important to keep legal control in the family – and avoid court intervention in the form of guardianship or probate.

3. A living trust provides detailed instructions to help insure that your hard earned money goes to your children or other loved ones – and not to their spouses, or creditors. Just as important, your trust instructions can help insure that your children receive a first-rate college education to help them compete in our new global economy.

A. Who is a Minor Person in Florida? A “minor” is a person under 18 years of age whose disabilities of age have not been removed by marriage or otherwise. F.S. 744.102(13). During minority, the mother and father are the natural guardians of their own children, either natural or adopted. F.S. 744.301(1) B. Settlement of Claims for Minor Children The settlement of claims on behalf of minors is governed by F.S. 744.301, 744.3025 and 744.387. The statutes make a distinction between settlement of claims under or above a $15,000 threshold. (Note: Prior to April 29, 2002, the threshold was $5,000.) 1. Settlements Of $15,000 Or Less Court approval is not required. The natural guardian is authorized to settle such claims. 2. Settlements Of Over $15,000 Court approval is required for all settlements over $15,000. Therefore, a legal guardianship will be required. F.S. 744.387(2). 3. Appointment Of Guardian Ad Litem For Minor Appointment of a guardian ad litem to represent the minor’s interest is required if the gross settlement amount is $50,000 or more. If the amount is between $15-50,000, a guardian ad litem may need to be appointed. Note: For more information about Florida Guardianship see: Florida Guardianship Quick Reference C. Conclusion Failure to obtain court approval under F.S. 744.387(3)(a) of a pre-suit structured settlement exceeding $15,000 on behalf of Florida minor child could result in the settlement being disaffirmed by the minor on reaching majority or within a reasonable time thereafter. The attorneys at Rarick, Beskin & Garcia Vega provide guardianship planning and administration. For more information or a good faith estimate of the legal fees and costs, please contact Phillip B. Rarick, Miami Probate Attorney, at (305) 709-2858 or e-mail prarick@raricklaw.com. Special Note The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami probate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

The following documents are usually needed to open a testate Florida ancillary probate:

Court-authenticated copy of:

1. Decedent’s last will

2. Petition for Probate

3. Order admitting the will to probate

4. Letters of administration

Other documents:

5. Two Certified Death Certificates

If not set forth in the Petition for Probate:

6. Name and address of all beneficiaries

7. Inventory of Florida property

8. Copy of all Florida deeds

9. Copy of tax bills for all Florida real property

For any questions, contact Phil Rarick, Miami probate attorney, at (305) 709-2858 or prarick@raricklaw.com.

1. The different stages of probate;

2. The fiduciary powers of the Personal Representative; and

3. The duties of the Personal Representative.

Note: In Florida, every personal representative, unless the personal representative remains the sole interested person, must be represented by an attorney admitted to practice in Florida. Fla. Prob. R. 5.030 (a). This is a summary, not a complete statement of the PR’s powers and duties. Additional questions should be addressed to an experienced Miami probate attorney.

MEMORANDUM TO THE PERSONAL REPRESENTATIVE

To: ______________, Personal Representative From: ___________________ Esq., Attorney for Estate Re: Estate of ______________________ You have been appointed as personal representative of an estate and you should be aware of your duties and responsibilities. The functions described here are often referred to under the term “settling the estate.” The process of settling the estate is a legal process and as your attorney I will counsel and advise you throughout this procedure. A personal representative is classified in the law as a “fiduciary.” A fiduciary is a person who has been selected for a position of special faith, trust, and reliance. A “trustee” is another type of fiduciary and the duties and responsibilities which you leave in the settlement of this estate are quite similar to the duties and responsibilities that a trustee would have. For the period of administration of the estate you are entitled to possession and control of all of the assets of the estate. Your duty is first and foremost to protect and preserve the assets and also to see that the assets are invested in a prudent and cautious manner. You need to identify and marshal all assets of the estate. The persons to whom you owe these duties are, first, any creditors of the estate, and second, the beneficiaries of the estate. If your duties are not properly or competently performed, you may have to answer to any of these persons who have been harmed as a result. After you receive your letters of administration, we will publish a Notice to Creditors which gives all creditors of the estate a 90 day window to file claims against the estate. You need to make a diligent effort to identify all creditors. In order to make sure that you identify creditors it is important to file a change of address and make sure that all correspondence of the decedent comes to your mail address. The process of probate, or administration of the estate, or settlement, depending upon the term you prefer, begins with filing the will for probate, preparation and filing of a petition for probate, and after various procedures which are my responsibility, the judge will sign letters of administration, a copy of which you will receive. The letters of administration are evidence of your legal authority to act as personal representative. Once the administration procedure has begun, it will pass through several stages or plateaus. The first stage of the administration, after the letters of administration are issued, is that of giving notice to those persons who are involved or interested in the estate. Beneficiaries of the estate will receive the required notice by certified mail. Creditors are given legal notice by publishing a legal notice in the newspaper, but creditors whose names and addresses are known or reasonably ascertainable must be served with the notice personally or by mail. The next stage of administration is that involved in identifying, collecting, inventorying, valuing, securing and investing the assets of the estate. An important part of making certain that assets are secure is arranging for adequate insurance coverage for tangible personal property or improved real property. A list of all of the assets and their values must be filed with the court in the form of an inventory, and, if the estate is of a size sufficient to require the filing of an estate tax return, similar information must be provided for the State of Florida and for the Internal Revenue Service. As your attorney, I will work with you in preparing the inventory list, obtaining the asset values and preparing the necessary documents that need to be filed. During the early stages of administration (within approximately the first three months) any person having a claim against the estate as creditor is required to file the claim in the court. At the end of this initial period you will review any claims filed to determine that each appears to be valid and then promptly arrange for and make payment of all valid claims to avoid interest expense. Any claims not filed in this time period are not legal obligations of the estate, and in most instances cannot be legally paid. Another stage in the proceedings of the estate is the determination of various tax returns that may be required by law to be filed for the estate. There may be many required tax returns; however, the most common are final income tax returns for the decedent, which may not have been previously filed, income tax returns for the estate, if the estate has more than $600.00 in income during its tax year, and a Federal estate tax return (Form 706), which is required by law to be filed if the total taxable estate exceeds $5.25 million for the year of 2013. Note: Due to recent changes in the Federal estate tax law, it may be advisable to file a 706 estate tax return even if the estate does not exceed $5.25 million because of portability provisions in the new law. As your attorney I will review the estate assets and the estate income to determine which, if any, tax returns are required to be filed. Merely because a tax return is required by law to be filed does not necessarily mean that any tax is due. Throughout the estate proceeding, management of the assets is an important concern of the personal representative. Management of the assets includes investment of the assets, whether in bank accounts, government bonds, or other prudent forms of investment, to the extent that the estate has excess cash. A further and important consideration is liquidity management. The personal representative is required to sell assets or borrow money on behalf of the estate to meet the cash requirements as they arise, if cash available to the estate is not otherwise sufficient. Cash requirements for the estate include the payment of creditors, the payment of expenses of administration, and the payment of taxes. After expenses, including taxes, have been paid, the next level or plateau of the administration is the procedure involving distribution of the estate to the beneficiaries. As your attorney, I will review the terms of the will, or in case there was no will, I will advise you of the provisions of the law that apply in order to identify the persons who are properly beneficiaries of the estate and who are entitled to distribution. I will also calculate the distributive shares after deduction of any taxes, which are attributable to each share. Distribution of the assets of the estate then occurs to the persons entitled, sometimes by distributing the assets directly in satisfaction of a bequest, and other times by selling those assets and converting them to cash, and then distributing the cash. Another stage of the estate is closing out the probate. In this procedure the court enters its order discharging you as personal representative after your duties have been completed. In order to accomplish this estate closing, it is necessary to report to the court all of the legally significant activities which occurred in the estate and to furnish evidence that the creditors have been paid, that certain taxes have been paid, and that the remaining property has been distributed to the persons entitled to that property in proper shares. When this evidence has been presented in proper form, which is again my legal responsibility, the judge will sign an order, which discharges you as personal representative and terminates your obligations with regard to the probate. The final stage of this procedure is the filing of any final income tax return that the estate is obligated to file for the year in which final settlement occurs. It should be remembered when the estate is closed that the estate may have had taxable income for that year or otherwise be responsible for the payment of taxes, and sufficient funds must be retained by you in order to enable you to pay these taxes that may be due. As personal representative of the estate, in accepting that office and that trust, you have also agreed to be personally responsible financially for certain matters. Initially, of course, you have personal responsibility for proper administration, investment, and subsequent distribution of the assets of the estate. As I pointed out earlier, should you fail in this duty you may be sued by any person who has been injured by your failure. More important, however, is certain hidden liability, which you have assumed, and of which you should be aware, for the payment of various taxes that were owed by the decedent, or that may subsequently be owed by the estate. Upon the failure to pay these required taxes, the law permits the Internal Revenue Service, and in some situations, the State of Florida, to collect the taxes from your own assets. This would include the right to your personal bank account or place liens on real estate or other property which may belong to you personally. This, of course, occurs only if you failed to pay taxes from the estate that are required to be paid by you in your capacity as personal representative. It is because of this exposure to items that might otherwise be unknown to you that we should work closely together, and you should permit me to advise you at each level on your duties and responsibilities. Also, if you have any questions, you should not proceed without my advice. I am pleased that you have selected me as attorney to represent you in this estate, and I hope that you will be satisfied with the manner in which we conduct this business. Please sign and return this memo to indicate that you have received and read it. ________________________________

Client Name

DATE: _______________________, 20____ Special Note The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami probate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

____ Lock and secure all real estate and household contents: Keep insured

____ Take possession of all records

____ Do not allow entry to Safe Deposit Box without witnesses and prior discussion of arrangements with attorney

____ Engage attorney

____ Engage accountant

____ Locate original will and deliver to attorney

____ Complete Master Information List

____ Collect documents on Estate Document List

____ Cancel utilities, subscriptions

____ Advise Post office to forward mail

____ Contact homeowner’s insurance and keep insurance current

____ Inventory Safe Deposit Box

____ Search records for potential creditors

____ Advise secured creditors to keep current

____ Open Estate Bank Account

____ Set up Quicken Account

____ Order Appraisal

____ Determine if any Employee Benefits

____ Contact health care providers, such as doctors, hospitals, clinics and determine if they have accepted Medicare assignment for their services. If they have, then they have agreed to accept Medicare and any other insurance payments for their services. Therefore there should be no reason for them to file a claim in the estate for any unpaid portion of their statement. If we have a list of the Medicare providers, we will prepare objections to any claims they file against the estate.

____ Social Security: If the decedent was receiving Social Security, contact (a) the Social Security Administration to inform them of the decedent’s death; (b) the bank where the social security check is being deposited directly into to inform them of the decedent’s death. The Social Security checks are issued a the first of the month and they are in payment for the previous month. The decedent must have lived the entire month to be entitled to the Social Security check. For example, if the decedent died August 15, and the Social Security check was automatically deposited on September 3, the decedent is not entitled to the September 3 check or any checks thereafter. You must contact the bank and request that they return the check to Social Security. Often the bank does this automatically as a service to customers. If the check is not returned, the Social Security Administration will take steps to collect the check(s).

____ Make a claim for Social Security death benefit if (a) decedent has enough hours worked during his or her lifetime; and is (b) survived by a spouse or dependent child. For additional information contact Social Security at 800-772-1213.

____ Determine if Fraternal lodge union or other benefits

____ Determine if veteran benefits

Special Note The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an attorney that is experienced in Florida probate law. Your receipt of information from this website, blog, or Miami probate attorney does not create an attorney-client relationship and the legal privileges inherent therein.

The benefits of a Special Needs Trust for an autistic minor child or adult are several:

– The Trust allows the person to continue to receive governmental assistance when they either inherit assets or when they receive assets through litigation or other unexpected sources

– Prevents the autistic person from being disqualified for governmental assistance

– When you can no longer care for your child, the trust appoints a person and successor persons whom you trust to act as the Trustee. The Trustee’s job is to make sure all of the money designated for your child goes to your child in the most prudent way possible, and that your instructions are followed exactly as written.

How A Special Needs Trust Works A special needs trust is a discretionary trust designed to preserve governmental benefits for the autistic person. Distributions from the special needs trust are designed to supplement the beneficiary’s public benefits, not supplant them. There are a two different types of special needs trusts: (1) a third party special needs trust, and (2) a self-settled special needs trust. Special needs trusts are commonly used to provide the beneficiary with specially equipped vehicles, dental work, computers, televisions, electronic devices, and other benefits not covered by SSI, Medicaid or other public benefits programs. Consult With An Experienced Estate Planning Attorney If you have a child with autism, you should consult with an experienced trust attorney to ensure that all of the technical requirements are met for this type of trust. To schedule an appointment with Miami trust attorney Phil Rarick, call (305) 709-2858 or email info@raricklaw.com. Special Note The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an attorney that is experienced in Florida estate planning law. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Florida’s elective share statute allows attorneys to draft standby Florida elective share trusts. (For a summary of Florida’s elective share see our post: Florida’s Sweeping Elective Share.) As of April 23, 2002, trusts that create property interests contingent upon an election being made are now qualified to fund the spouse’s elective share interests. The requirements for such a trust are set forth at F.S. §732.2025(2) and include: (1) surviving spouse must be entitled to use of the property for life or have all of the income payable as least annually; (2) the surviving spouse has the right to make the trust productive of income or convert it within a reasonable time; and no person other than the spouse has the power to distribute income or principal to anyone other than the spouse.

Rarick, Beskin & Garcia Vega has been trusted by numerous law firms and many families during the past 18 years for probate, estate planning, trust and asset protection cases. To schedule an appointment, call (305) 709-2858 or email info@raricklaw.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an attorney that is experienced in Florida estate planning law. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Note: Non-resident aliens and certain green card holders are still subject to a lifetime limit of only $60,000.

The Problem: These lifetime exemptions are scheduled to revert to $1,000,000 ($2,000,000 per couple) at the stroke of midnight on December 31, 2012. The tax rate on gifts over those amounts will also increase from the present cap of 35% to a whopping 55%. II. Action Items

If your estate is likely to be worth more than $1,000,000 ($2,000,000 if you’re married), now is the time to act: every dollar you give away this year (while the exemption is high) is one less dollar on which your estate will pay taxes. Of course, you need to keep an ample amount of assets to provide a healthy cushion to support your life style. Therefore, assuming that you’re not likely to run out of money during your own lifetime, you can make sure your children and grandchildren don’t receive less inheritance due to hefty estate and gift taxes going to the IRS.

Other Options. Be aware there are techniques whereby you can take advantage of the $5 million gift this year such that your spouse retains the benefit of the gifted property during his or her lifetime. By doing this, your spouse retains access to the funds for his or her lifetime. For more information on this option, contact Miami estate planning attorney Jay Beskin or Phil Rarick at (305) 709-2858. Stay tuned for a future blog on this option.

As we come closer to the end of the year, more people will be scrambling to lock in these exemptions by making gifts. Based on our present volume of work, I anticipate that anyone who hasn’t made an appointment for advanced gifting by the end of September will risk not having it done by the end of this year.

Rarick, Beskin & Garcia Vega has been trusted by over 400 law firms and many families during the past 18 years for estate planning, trusts, and probate cases. To schedule an appointment, call (305) 709-2858 or email info@raricklaw.com.

• Tenancy by the entireties and joint tenancies with right of survivorship
• Survivorship bank accounts
• Life insurance proceeds
• Wages, traveling expenses and unemployment compensation due to a deceased employee
• Liability Insurance
• Protected Homestead: Although a Petition for Summary Administration is not required to contain a list of non-estate property, it is recommended that homestead property be listed if there is any doubt regarding its protected status. This might avoid a later “void ad initio” argument. See In re Estate of Mosley, 402 So. 2d 594 (Fla 5th DCA 1981).

“Exempt property” is excluded from the $75,000 cap pursuant to F.S. 735.201(2). Note: either a spouse or child must survive the decedent for the property to be “exempt property.” Such property is:

• Household furniture, furnishings and appliances in the decedent’s home up to a net value of $10,000
• Automobiles in the decedent’s name
• Florida prepaid college program contracts
• Personal property valued up to $1,000

In a Summary Administration, the estate must not be indebted or provisions for payment of debts must be made; if the assets are “exempt” then creditors are entitled to notice. If the Petition is signed by all interested parties, a hearing on the Petition is rarely needed. B. Time Frame: 3-6 months for simple, uncontested administrations in most counties. However, the time frame can vary according to the Florida county. C. Legal Fees Our firm charges an hourly rate for Summary Administrations. After reviewing the will and Florida inventory, we will give you a good faith estimate of the cost to open and close the Summary Administration assuming prompt cooperation of all beneficiaries, no creditors, and no contested issues. D. Documents Needed to Open For a list of documents needed to open an ancillary estate Summary administration, click here: Checklist of Documents for Ancillary Administration. E. When Summary Administration May Not be the Most Practical Option 1. The Will leaves the property to a large number of beneficiaries, each of whom would have to sign the contract to sell as well as the deed and other closing papers. 2. If some of the beneficiaries are minors, guardianships may have to be set up and maintained until the minor reaches adulthood. 3. If the whereabouts of one or more of the beneficiaries are unknown. Formal probate administration can accommodate a missing heir, but Summary Administration cannot. 4. If one of the beneficiaries refuses to cooperate with the other owners, formal administration may be needed in order to sell the property. 5. The estate has numerous creditors. E. Conclusion Our office provides statewide probate legal services for summary or formal administrations that are not contested. For more information or a good faith estimate, please contact Phillip B. Rarick, Miami Probate Attorney, at (305) 709-2858 or e-mail prarick@raricklaw.com. Special Note The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami probate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.