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Category: CS Blog

March 8, 2023 CS Blog

Checklist for a Florida Personal Representative

In Florida, probate is a court-supervised procedure for administering a deceased person’s estate. This procedure includes identifying and collecting the decedent’s assets, paying the decedent’s debts and funeral expenses, and distributing the decedent’s assets to his or her beneficiaries.  The court generally must appoint a “Personal Representative” to manage the…

January 18, 2023 Asset Protection

Did You Just Pledge Everything You Own? The Eleventh Circuit’s Surprising Decision Opens Avenue for Creditors to Access Exempt Assets

Chapter 222 of the Florida Statutes contains the statutory exemptions that protect certain assets from attachment or garnishment under Florida law.  Historically, the statutory exemptions have been liberally construed in favor of protecting the debtor against creditor claims to exempt assets.  A recent, albeit unpublished decision from the United States…