Author: Brian M. Spiro

A probate estate may be re-opened after it has been closed and the personal representative has been discharged for several reasons. If assets are discovered after an estate is closed, the estate may be reopened to probate the recently discovered assets. See, e.g., Continental Motors, Inc. v. Rosenthal, 278 So.…

Under Florida law, attorneys for personal representatives shall be entitled to reasonable compensation payable from estate assets without court order.  See, Fla. Stat. § 733.6171(1). Florida law requires that an estate have both a personal representative and an attorney during the administration of an estate. The attorney requirement may be…

A personal representative is the individual or trust company who is appointed by the Court to settle the affairs of the deceased and guide the estate through probate. Personal representatives are entitled to compensation when serving in this fiduciary capacity.  Florida personal representatives are entitled to a commission based on…

What happens in Florida if someone gets divorced and then dies without updating their estate plan? Depending on the asset, Florida law provides a set of rules governing the effect of a divorce on that particular asset. Last Will & Testament Florida law provides that all provisions in favor of…

A will’s validity can be challenged in court if a will is signed by a testator because of the coercion, manipulation, duress or influence of another. The testator’s capacity, although possibly relevant, is not the focus of undue influence. Rather, that the testator who is declining in health or has…