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Channel: Trust and Estate Law by Fortenberry Legal
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IRS Issues Guidance on Electing Portability of Deceased Spousal Unused...

The Internal Revenue Service has issued guidance on electing portability of the unused exclusion of a deceased spouse. Notice 2011-82, which was issued on September 29, 2011, reminds estates of...

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How to Transfer Automobiles without Probate in Mississippi

I get a bunch of e-mails from people who want to know where to start with Mississippi probate.  Many of them have not considered whether probate is really required. As I’ve mentioned in my discussion...

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Heir Property: What is Heir Property?

Heir property is land that is jointly owned by descendants of a deceased person whose estate was never handled in probate.  These descendants (heirs) have the right to use the property, but they do not...

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What is Probate?

http://www.youtube.com/watch?v=y7uZNbWrkbk Transcript: I am attorney Jeramie Fortenberry.  In this video, we are going to talk about a question that comes up often in my consultations with clients or...

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How Recent Florida Power of Attorney Changes Could Affect You

The Florida legislature recently adopted changes to the state laws governing powers of attorney.  The new laws, which took effect on October 1, 2011, make some significant changes to the treatment of...

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Spouses Win, Children Lose Under New Florida Intestate Law

Recent changes to Florida’s intestate succession laws make drastic changes to the amounts that spouses and children receive from individuals who die without a will in Florida. Brief Overview of...

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Florida Tenancy by the Entirety

As we discussed in Using Deeds to Avoid Probate of Real Estate in Florida, there are several different ways that real estate can be held.  As you might expect, there are advantages and drawbacks to...

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How Much Does Florida Probate Cost?

Our most common questions from prospective clients have to do with the cost of Florida probate.  Most people understandably want to know how much probate will cost before they start the process.  And...

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Changing a Florida Last Will and Testament in Probate Court

Wills are sometimes unclear.  Whether due to sloppy work by an attorney or a do-it-yourself approach, there is sometimes a need for a court to step in to help clarify what a Florida Last Will and...

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New Rules Can Save Money on Alabama Probate Expenses

The Alabama Supreme Court recently approved a set of rules to facilitate “limited scope” representation.  Limited scope representation allows lawyers to assist clients with a specific part of a legal...

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Can You Open a Safety Deposit Box Without Probate in Florida?

We are sometimes asked about whether Florida probate is required to access the contents of a safety deposit box in Florida. If there are no known probate assets, knowing what’s in the safety deposit...

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Who Can Serve as Personal Representative in a Florida Probate?

Any legally competent person who was a resident of Florida at the time of the decedent’s death is qualified to act as the estate’s personal representative in a Florida probate proceeding. This...

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Substituting or Removing a Personal Representative in Florida Probate

I wrote last week about the general requirements for serving as a personal representative in Florida. Just to recap: In cases where the decedent leaves a Last Will and Testament, the law’s first...

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Admitting a Copy of a Lost Will to Probate in Florida

Considering the formalities the state of Florida requires in order for a will to be valid, it might be surprising that it’s not very difficult to have a copy admitted to Florida probate in the right...

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Special Needs Trusts: What Happens When You Ignore Special Needs Planning

Another example of the importance of special needs trusts.  I was contacted about a client with an all-too-common issue. A lady died several years ago without a will.  At the time of her death, she...

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Can a Florida Personal Representative Sell Assets of the Estate?

Some people pass away leaving only real estate and/or some personal belongings, and not much else. Illiquid estates (estates where there is no cash) must be distributed just the same as any other...

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How Long Does a Person Have to Challenge or Contest a Will in Mississippi?

The deadline for bringing a will contest or challenging a probate or estate administration in Mississippi depends in large part on what type of estate administration is being used. Mississippi...

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How to Get Letters Testamentary or Letters of Administration in Mississippi

In our free consultations, we often get questions about how to get Letters Testamentary or Letters of Administration in Mississippi. Often the person has been told by a bank or some other third party...

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Mississippi Tax Sales and Tax Lien Certificates: A Primer for Investors

Tax (Photo credit: 401(K) 2012) It’s that time of year when interest in Mississippi tax sales seems to heat up as investors large and small gather in Mississippi courthouses to seek their fortunes....

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Obamacare: The Upcoming Medicare Tax Hike and What to Do About It

Barack Obama signing the Patient Protection and Affordable Care Act at the White House With the Supreme Court’s ruling that the Patient Protection and Affordable Care Act, informally called Obamacare,...

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