XIV
Other Frequently Asked Questions about Probate Issues
1.) Death
Certificate:
a)
Can be obtained
in Florida from the bureau of Vital Statistics at the Department of Health: www.FloridaHealth.gov ,or http://manatee.floridahealth.gov
o
Each certified
copy is $10.00, additional copies for the same person are $5.00 each.
(1)
Certified copy is
issued by Local Vital Records Office with raised seal, signature of the Local
Registrar and printed on Security paper.
o
Without cause of death: any
person of legal age (18 and over) may apply.
o
With cause of death information:
only decedent’s spouse, parent, child, grandchild or sibling of legal
age. Any person who provides a will,
insurance policy or other document that shows interest in the estate. Or by Court order.
o
Its recommended
to get a dozen or so, they go fast
2.) Homeowners/Condominium/Co-Op
Association:
ü There can be more than one! Need to find all and speak with them.
ü Fees for each due monthly, quarterly,
semi-annually or annually and can vary
ü Fees for other amenities: Required or Option to pay. Golf, Clubhouse, Restaurant, etc.
ü Special Assessments: Roofs, Fences, Major repairs, new Amenities,
Remodel existing ones
ü Capital Contribution: At time of sale of property, additional fee
paid, usually by the Buyer
ü Application and Fee: Obtain approval of the Association to
purchase and live in the community
ü Estoppel Letter: Fee charged to provide status of fees due and
for the coming closing
ü Documents: Articles of
Incorporation, Bylaws, Policy & Procedures
(P&P), Rules, Budget, Q&A,
and Website >150 units, Restrictions?: Leases,
Parking, Pets, Alterations.
2)
Homestead: -see
XV Glossary- Homestead
3)
Parties
Involved:
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4)
Personal
Representative (PR), Executor –see VI PR
5)
Probate: -see
II, III, IV
6)
Rights
of:
a)
Surviving
Family: Florida law protects the
decedent’s surviving spouse and certain surviving children from total
disinheritance.
b)
Beneficiaries: Have the right to have their
assets handled by the PR in good faith, obtain relevant information and
received assets in a timely manner.
c)
Creditors: -see XI Creditors
7)
Title
by Decedent Owner to the Property: -see
XIV Glossary- Title held to Real Property
a)
How the decedent
held title (ownership) to the property at death will help determine the next
step.
b)
Decedent
owns Real Estate in more than 1 state or country
8)
Trusts: -see
XV Glossary: Trusts
a)
Living
Trust through Probate
9)
Will:
a)
Pursuant to Florida Statute 732.901: A WILL must be filed within
ten (10) days after a person’s death with the Probate Department of the County
Clerk of the Circuit Office. While an
attorney is not necessary to file the will, it is suggested to contact one
before filing to determine whether Probate proceedings will be necessary.
b)
Testate: Deceased has an Original Last Will
and Testament of their wishes.
o
Modified
Will: May be modified at any time as
long as executed (signed) and dated with a witness.
o
Validation
Requirements: Executed, Dated, Witnessed
c)
Intestate
(No Will)
o
The
Probate court appoints a PR known as the “Administrator”. The interest is distributed according to
state law (“Intestate Succession”).
d)
Can
Not Find the Will:
o
Depends
on if there is evidence the decedent properly signed the original, and then the
court may accept a copy.
e)
Contested
Will
o
Bases
for:
(1)
The
person contesting the will must have a personal financial stake in the outcome.
(2)
Reason
requesting a change in PR, someone cut out of the Will, someone who receives
and unequal portion, someone who feels a charity should not get all the
assets, there is a later will, Will made
at a time the decedent was not mentally competent, fraudant will or made under
undue influence, will not properly executed,
f)
Judge
can intervene to interrupt the Will wishes
