Fontainebleau Probate Lawyer

Fontainebleau, Florida is a census-designated place (CDP) in Miami-Dade County. The 2010 census stated that 59,764 people populated the area. The inland community takes its name from the renowned Miami Beach resort. In 1970, Ben Novak, the initial owner of the Fontainebleau, become envious of Doris and Alfred Kaskel’s plans in Doral and wished to construct his own conceived golf course, resort, and neighborhood. It was to be called Fontainebleau Park. However, Novack soon fell into economical difficulties. As a result, the Fontainebleau Park would play a role in the foreclosure of the hotel in 1977. The company Trafalgar Developers would go on to create the neighborhood under the “Fontainebleau” name. However, no connection to the renowned hotel would ever be referred in or advertising materials when the neighborhood opened in the 1970s.

Procedures of a Will’s Executor in Florida

The Circuit Court selects a personal representative—normally a person named in the will of a relative of the deceased person—to manage the probate procedure. A few Florida counties need the estate to send a bond on the personal representative’s behalf as protection for creditors and beneficiaries. In the improbable event the personal representative mishandles the estate or embezzles from it, the bond money covers the damages. According to Rule 5.030 of the Florida Rules of the Probate Court, every personal representative must be represented by a lawyer authorized to practice within the state, unless the personal representative is the exclusive beneficiary of the estate.

The personal representative files an inventory of all the decedent’s personal and real property within sixty days of his or her selection. The inventory includes a list of all real and personal property of value like automobiles, art, antiques, bank and investment accounts. Every item must be supplemented by its fair market value as of the date of death. It is allowable for the personal representative to acquire professional estimations of estate items.

Creditors are recognized by the personal representative, who then serves every creditor with a Notice to Creditors; these known creditors have a month to file claims against the estate. The Notice is also printed in a local newspaper for numerous successive weeks to permit any unknown creditors to be informed of the probate. To be legal, every unknown creditor claim must be filed with the personal representative within three months of initial printing.

If the estate does not have adequate money to pay every creditor, a few assets might be put up for sale to compensate the difference between what the estate possesses and is obligated. If the estate still has little money, the Florida Probate Code notifies the personal representative the order in which to reimburse the claims. After the creditors are compensated, the residual assets are issued to the beneficiaries as specified in the will. If a will does not exist, the Florida Probate Code notifies the personal representative who to confer portions of the estate to by extent of blood relationship, which is through the order of intestate succession.

After the personal representative does all his or her obligations, he or she files a last accounting with the probate court that lists the business sales carried out on the estate’s behalf to satisfy the criteria of the probate. He or she then requests the court to wind up the probate by filing a Petition for Discharge. If approved, the court distributes an order winding up the estate. The personal representative is paid for his or her time and the services offered throughout the course of the probate. Payment normally adds up to about three percent of the estate’s overall assets, unless the court requests an elevation or reduction of this amount. The personal representative is also compensated from estate earnings for any out-of-pocket costs acquired while doing his or her personal representative obligations.