Author Archives: Jay Butchko
What Happens When a Personal Representative Fails to Act?
When someone passes away, the personal representative is supposed to step in and handle the estate. This includes things like gathering assets, paying debts, and making sure beneficiaries receive what they are entitled to. It is an important role, and it comes with real responsibilities. But what happens if that person simply does not… Read More »
Are No Contest Clauses Enforceable in Florida Wills?
If you have ever looked into estate planning, you might have come across the idea of a no contest clause. It sounds pretty serious, right? Basically, this type of clause tries to discourage beneficiaries from challenging a will. The idea is simple. If someone contests the will and loses, they could lose their inheritance… Read More »
Heirs vs. Beneficiaries in Florida Probate
Dealing with a loved one’s death can be a devastating situation. This is especially true if you are the executor of the estate. Whether or not there is a will involved, you will likely have to go through probate. Florida probate laws determine who inherits property after someone passes away. Understanding the difference between… Read More »
What to Know About Notices During the Probate Process
After a loved one’s death, you may have to oversee the probate process. The probate process can be lengthy, involving many steps. One of the most important parts of probate is providing proper notice. Early in the process, the executor must notify certain individuals and entities that the estate is being administered. There are… Read More »
What Does a Probate Examiner Do?
The probate process involves several important steps, and if you have been named the executor of an estate, it is essential to follow each one carefully. This may include tasks like submitting the will to probate, notifying creditors, and distributing assets to heirs. Along the way, it also helps to understand the different individuals… Read More »
Proceeding With Probate When an Heir or Beneficiary is Missing
When someone passes away, the executor is responsible for locating and notifying all heirs and beneficiaries. However, situations sometimes arise where an heir cannot be found. This can complicate the process but it does not necessarily stop probate from moving forward. If an heir or beneficiary is missing, the executor is still required to… Read More »
What Happens if an Executor Does Not Handle Probate?
When a person dies, their estate will typically go into probate, unless they have a trust in place. This is done by the executor, who may be listed in the will or appointed by the court. The executor is typically the surviving spouse, adult children, sibling, or other close relative. But let’s face it:… Read More »
Hidden Costs of Probate Most Families Do Not Expect
Probate: it is a dreaded word among Florida families. Dealing with a loved one’s death is hard enough. Having to go through the probate process is even more difficult. Probate is not on anyone’s wish list. Ideally, a person would die and then assets would be distributed without waiting and drama. A trust can… Read More »
Challenging a Will After the Estate Has Closed
At the beginning of probate, there is a lot that can happen. Wills may be hard to find. Creditors may make claims. Heirs may even want to challenge the will. A challenge of a will can happen at any time. However, overturning a will after probate is extremely rare. Probate courts generally respect the… Read More »
What Happens to Copyright After a Creator’s Death?
Nowadays, a lot of people consider themselves to be content creators. Yes, you may fully own your content now, while you are alive, but what happens to it when you die? If you create original works, such as music, books, photos, or software, they are protected as intellectual property under copyright law. Therefore, it… Read More »