萨拉索塔遗嘱认证律师
可信赖的遗嘱事务律师
遗嘱认证 is necessary to pass ownership of 被继承人的’s 遗嘱认证 财产归死者的受益人. 如果死者留下了有效的 将, it 将 need to be admitted to 遗嘱认证 in the court and 将 then be used to pass ownership of 遗嘱认证 财产归死者的受益人. 如果死者没有 将, 遗嘱认证 is necessary to pass ownership of 被继承人的’s 遗嘱认证 资产 to those persons who are to receive them under Florida law.
什么是遗嘱认证资产?
遗嘱认证 only applies to the 资产 that are owned by 被继承人的 prior to death that does not have some other mechanism that automatically transfers 财产归共同所有人或受益人所有.
例如:
- 银行或投资账户- If the account is solely in the name of 被继承人的 and there isn’t a beneficiary already named in the Bank records or a “POD designation”, 那么这个账户就可以被视为遗嘱认证资产. 另一方面， if the account is jointly held, it cannot be considered a 遗嘱认证 asset.
- 人寿保险单，年金或个人退休帐户 If these are payable to a specific beneficiary they are not considered 遗嘱认证. 或者，如果这些资产是应付给死者的 遗产，它们被认为是遗嘱认证资产.
- 〇不动产所有权 With the exception of homestead property, if a title is solely in 被继承人的’s name or in the name of 被继承人的 and another tenant in common, then 它被认为是遗嘱认证资产. 然而，一个房地产的所有权是 held by both 被继承人的 and one or more joint tenants who have survivor-ship 权利，不被视为遗嘱认证资产.
- 〇夫妻财产 Property owned between a husband and wife are not considered 遗嘱认证 资产 as the entirety of one’s 资产 automatically goes to the surviving spouse.
- 生前信托或可撤销信托 由生前信托所有或可撤销的财产 信任 将 pass to the successor 信任ee without having to go through 遗嘱认证.
The Personal 代表 is the person in charge of the administration 被继承人的遗嘱认证财产. 如果死者去世时留了遗嘱， usually the 将 name the person to act as the Personal 代表. In Florida, the term "Personal 代表" is used instead of such terms as "executor, executrix, administrator, and administratrix."
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什么是遗嘱认证?
遗嘱认证 is a court-supervised procedure that accomplishes the following items:
- 确定并收取被继承人的财产;
- 支付死者的债务，并且
- Distributes the 资产 to his or her designated beneficiaries.
Generally, 被继承人的’s 资产 将 be used to pay for the 遗嘱认证 proceedings, then used to address the debt of the descendant, and whatever 剩余资产将分配给受益人. 遗嘱认证也是 necessary to identify the Personal 代表 or “Executor” who 将 then be responsible to wind up 被继承人的’s financial 他或她死后的事务.
简而言之，遗嘱认证程序
遗嘱认证程序通常如下:
- 向法院提交遗嘱原件
- 准备并提交行政申请
- 法官签署并发出“管理书”
- The Personal 代表’s attorney 将 send copies to parties 他们会参与或对遗产感兴趣.
- By certified mail, the beneficiaries 将 be sent copies of a Notice of Administration (that is if they have not already filed a waiver of their 接收遗嘱认证程序通知的权利.)
One of the main objectives of 遗嘱认证 is to pay 被继承人的's debts with 他们的财产. 最常见的债权人类型 in 遗嘱认证 are 被继承人的’s funeral expenses, final hospital bill, mortgage company, credit card companies, and any miscellaneous debts. A Notice to Creditors must be sent to any party that the Personal 代表 知道——或者有人称之为“合理确定的” 债权人”. Any unknown creditors are provided notice of the administration of 房地产 through the publication of legal notice in the newspaper.
Upon receiving notice from the Personal 代表 or within three months of the first publication of the notice of administration in the newspaper, any creditor seeking payment from 房地产 is required to 在遗嘱认证程序中提出索赔. 法院将派人来 代表’s attorney a copy of all claims filed so that the 如果确定无效，索赔可以支付或提出异议. 任何索赔 not filed during this time period 将 be, in most cases, barred and do 不需要由个人代表支付.
The Personal 代表 must also identify and secure the 资产 of 被继承人的. 遗嘱遗产中所有资产的清单，也被称为 清单，已提交给法院. 这些资产也必须被评估 in the Inventory, often requiring the hiring of an appraiser or other 评估专家.
The Personal 代表 将 also be responsible for filing tax returns 对于地产而言. 个人代表必须安排 filing of an income tax return for 被继承人的 for the year of 被继承人的s' death and for subsequent years if 房地产 earns income on 房地产 资产. Larger estates 将 also require the filing of an estate tax return.
The Personal 代表 also has the duty to manage estate 资产 until they are sold or distributed to beneficiaries which often requires the payment of ongoing mortgage payments, utilities, and other expenses of 被继承人拥有的财产.
Once all of the 资产 are gathered and the claims of all creditors filed, the Personal 代表 can begin the process of liquidating 房地产. 首先，遗嘱认证程序的所有费用 遗产的管理 are satisfied, including payment to the Personal 代表, the Personal 代表’s attorney and any experts hired by the Personal 代表. 那么，所有的索赔都是从非豁免资产中支付的. 此后, the remaining 资产 are distributed to the beneficiaries named in the 将.
After all creditors’ claims are paid and 资产 distributed to the beneficiaries, the Personal 代表 将 file a Formal Accounting and seek an order of the Court that closes the 遗嘱认证 proceeding to discharge the Personal 代表 and release him or her from any further duties.
It 将 take at least 3 months to 遗嘱认证 a decedent’s estate but it is reasonable to expect that the administration of an estate 将 take approximately 6 months or longer if 资产 must be sold or there are challenges 对债权人债权的有效性或对遗嘱本身的有效性. If you have been named as the Personal 代表 of an Estate, The Edwards Law Firm, PL is here to represent you to timely and efficiently administer 房地产.
如何开始遗嘱认证?
If you have recently lost a loved one and have been named in the Will as the Personal 代表, you 将 be responsible for settling the 通过遗嘱认证处理被继承人的事务. 大多数人都是这样 have no idea what this means or how or when to start the process.
To start the 遗嘱认证 process, the personal representative should:
- 找到原始遗嘱
- 取得死亡证明
- Gather bank statements and evidence of all 资产 owned by 被继承人的
- Gather all invoices and statements for all debts of 被继承人的
- Gather contact information for all potential heirs including those named in the 将 and those related to 被继承人的 by blood or marriage (spouse, 子女、孙辈等.)
- Identify, gather, value, and safeguard 被继承人的’s 遗嘱认证 资产.
- 按顺序在当地报纸上刊登“致债权人通知书” to give notice to potential claimants to file claims in the manner required by law.
- Serve a "Notice of Administration" to provide information about the 遗嘱认证 estate administration and notice of the procedures required to be followed by those having any objection to the administration of 被继承人的遗嘱认证遗产.
- Conduct a diligent search to locate "known or reasonably ascertainable" creditors, and notify these creditors of the time by which their claims 必须归档.
- Object to improper claims, and defend suits brought on such claims.
- 支付有效索赔.
- 提交纳税申报表，并按时缴纳税款.
- Employ professionals to assist in the administration of the 遗嘱认证 estate; for example, attorneys, certified public accountants, appraisers and investment advisors.
- 支付遗嘱遗产管理费用.
- Pay statutory amounts to 被继承人的’s surviving spouse or family.
- 将遗嘱资产分配给受益人.
- 关闭遗嘱认证遗产.
- 聘请律师协助遗嘱认证程序
If 被继承人的 had a valid 将, the judge 将 appoint the person or institution named by 被继承人的 in his or her 将 to serve as Personal 代表, as long as the named person is legally qualified to serve.
A person is not qualified to act as a Personal 代表 (even if 在遗嘱中指定为个人代表)，如果该人:
- 曾被判重罪.
- 是否在精神上或身体上无法履行职责.
- 未满18岁.
If 被继承人的 did not have a valid 将, the surviving spouse has the first right to be appointed by the judge to serve as Personal 代表. If 被继承人的 was not married at his or her death, or if 被继承人的’s surviving spouse declines to serve, the person or institution selected by a majority in interest of 被继承人的’s heirs 将 have the 被任命为个人代表的第二项权利. 如果继承人 cannot agree among themselves, the judge 将 appoint a Personal 代表 在为此目的举行听证会之后.
A person who is not a resident of the State of Florida cannot qualify as 个人代表，除非该人是:
- 被继承人的合法收养的子女或者养父母;
- 直系亲属的:与被继承人有直系亲属关系的;
- A spouse or a brother, sister, uncle, aunt, nephew, or niece of 被继承人的, or someone related by lineal consanguinity to any such person;
- Or the spouse of a person otherwise qualified under this section.
Although there is no deadline to file a 遗嘱认证 after 被继承人的 has passed, the Personal 代表 has a fiduciary responsibility to both the creditors of 被继承人的 and the beneficiaries of 房地产. Failure to begin the 遗嘱认证 process in a timely fashion may be seen as a breach of fiduciary if the value of 资产 of 被继承人的’s estate is diminished due to delay or if any of 被继承人的’s creditors take action against the 资产 of 房地产 that could have been avoided 通过迅速行动.
个人代表如何获得补偿?
The Personal 代表 is entitled by law to reasonable compensation 通过法令. 第733节.617规定了对个人的补偿 代表 of 3% for most estates and can be more or less depending 根据案件的情况.
The 遗嘱认证 court 将 require that a Personal 代表 hire an attorney to assist in the administration 被继承人的遗嘱认证财产. Many legal issues arise, even in the simplest 遗嘱认证 estate administration, and most of these issues 将 be novel and unfamiliar to non-attorneys.
The attorney for the Personal 代表 assists and advises the Personal 代表 in each step of the 遗嘱认证 process and represents the 遗嘱认证遗产程序的个人代表. 个人代表 may choose to engage any attorney and is not bound to hire a particular 遗嘱中规定的律师或律师事务所.
个人代表有什么权利?
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“We chose Sherry because of her professional experience in real estate.”
——詹姆斯·L. -
“I 将 definitely recommend her to any of my friends or customers.”
——雪莱 -
“She promptly contacted the other party on our behalf and literally within 10 days, 我们所有的钱都退给我们了.”
——戴夫
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