How Long Creditors Really Have to File Claims in Florida Probate
Many executors believe creditors have “three months” to file claims in Florida probate. That statement is technically true — and dangerously incomplete. In reality, creditor deadlines in Florida probate depend on notice quality, creditor knowledge, executor compliance, and timing mistakes. When those factors are mishandled, creditor rights can extend far beyond what executors expect, sometimes […]
What Actually Causes Probate Delays in Florida Courts
Probate delays in Florida are often blamed on “the court system,” but that explanation is incomplete — and misleading. In reality, most Florida probate delays are caused by procedural errors, incomplete preparation, asset complications, or family conflict, not by slow judges. Florida probate courts are deadline-driven and rules-based. When cases stall, it’s usually because something […]
Common Estate Planning Mistakes That Guarantee Probate in Florida
In Florida, probate is rarely unavoidable. Most probate cases exist because of estate planning mistakes, not because planning was impossible. Families often assume probate happened because “that’s just how it works,” when in reality the outcome was baked in years earlier. This article explains the most common estate planning mistakes that virtually guarantee probate in […]
Why Online Wills Commonly Trigger Probate Litigation in Florida
Online wills promise speed, affordability, and simplicity. In Florida probate courts, they frequently deliver the opposite: litigation, delays, and invalidation. Florida judges do not evaluate wills based on convenience or intent. They evaluate them based on strict statutory compliance and evidentiary reliability. Many online wills fail those standards, creating fertile ground for probate disputes. This […]
How Revocable Trusts Fail When They’re Not Properly Funded
Revocable living trusts are often marketed as a way to avoid probate. In Florida, they can work — but only if they are properly funded. When they are not, the trust exists on paper while the estate still goes through probate. This is one of the most common and least understood estate planning failures. Families […]
When a Will Fails: Why Estate Plans Still End Up in Probate
Many families are shocked to learn that an estate still goes through probate even though the deceased “had a will” or “did estate planning.” In Florida, this outcome is common — and usually preventable. A will is not a probate-avoidance tool. And many estate plans fail not because they were missing, but because they were […]
What Happens to Rental Properties During Florida Probate
Rental properties do not stop operating when the owner dies. Tenants remain in place, rent continues to accrue, expenses keep coming due, and legal obligations persist — all while probate unfolds. In Florida probate, rental properties are among the most mismanaged assets, often leading to lost income, tenant disputes, code violations, and executor liability. This […]
Selling Inherited Property During Probate: Court Approval Rules in Florida
Selling inherited property during Florida probate is common — but it is not automatic. Whether court approval is required depends on how probate is structured, what authority the executor has, and whether objections exist. Misunderstanding Florida’s court approval rules can delay sales, kill deals, expose executors to liability, or invalidate transactions. This article explains when […]
How HOA Liens and Condo Fees Affect Florida Probate Estates
In Florida — especially in Miami — homeowners’ associations (HOAs) and condominium associations play an outsized role in probate. Monthly assessments do not stop at death, and associations have powerful collection tools that can derail an estate if ignored. Executors who misunderstand HOA and condo fee obligations during probate often face liens, foreclosure threats, beneficiary […]
What Happens to Mortgaged Property During Florida Probate
When someone dies owning property with a mortgage, probate does not pause the loan. Interest continues to accrue, payments remain due, and lenders retain their rights — even while the estate works its way through Florida probate. Misunderstanding how mortgages are handled during probate leads to late fees, credit damage, foreclosure threats, and executor liability. […]
