A Florida probate estate runs through one set of hands. Bank accounts, real property, and business interests all sit under the personal representative’s control before beneficiaries receive anything. When the job is handled badly, families often assume there is a single fix, which is to have that person removed. Florida law is more layered than…
Florida offers more than one road through probate. One is short and one is long, and which road an estate takes depends mostly on what the estate is worth. A law that took effect on July 1, 2026 doubling the limit of probate summary administration moved that dividing line a long way. What Changed on…
When a Florida homeowner dies owing money, heirs often fear the family home will be sold to pay the estate’s debts. Usually it will not be. An Order Determining Homestead Status is the probate document that settles the question and puts the protection on the public record. Where Florida Homestead Protection Comes From Article X,…
Quick Read Summary (TLDR) A homeowners association or HOA foreclosure auction can end with a winning bid of a few thousand dollars on a property worth far more. Investors new to these sales often read that low number as a sign of a clean transfer. In Florida, it signals the opposite. The mortgage that held…
Quick Read Summary (TLDR) Federal tax liens on Florida foreclosure properties operate under federal law, meaning they can survive a sale if the lien was recorded prior to the mortgage or if the federal government was not properly joined as a party in the foreclosure lawsuit. This effect foreclosure buyers because, even when a sale…
Quick Read Summary (TLDR) In Florida, winning a foreclosure auction is merely the first step, as borrowers retain a “right of redemption” that allows them to pay off debts and invalidate the sale until the clerk of court files the certificate of sale. Bidders must be aware that federal liens can extend redemption periods well…
Quick Read Summary (TLDR) In Florida, private lenders must adhere to specific statutory procedures to enforce defaulted hard money loans, which involve proving legal standing and complying with mandatory notice and demand provisions. Lenders generally must pursue judicial foreclosure for secured loans, while unsecured notes allow for lawsuits to recover balances, with specific rules governing…
In Florida, disinherited children may sue for financial damages through a claim of “tortious interference with an expectancy of inheritance” if they can prove a bad actor wrongfully blocked their expected inheritance. While probate court remedies must typically be exhausted first, direct civil lawsuits are permitted when probate cannot provide adequate relief, such as with…
Quick Read Summary (TLDR) Florida probate aw generally prohibits out-of-state individuals from serving as a personal representative of an estate unless they fall within specific, narrow family categories. While residents of Florida are eligible, close friends and business partners living outside the state are disqualified regardless of their capabilities or the decedent’s wishes. To avoid…
Quick Read Summary (TLDR) Florida’s five-year look-back period requires the state to review an applicant’s financial records from the previous 60 months, and any unauthorized asset transfers during this time can trigger a penalty period that delays Florida Medicaid coverage for long-term care. To qualify while protecting assets, families often utilize legal strategies such as…
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