New Laws Allow Pre Death Caveats Prior to Probate
Brandon, FL (Law Firm Newswire) March 4, 2011 - New legislation now allows filing pre-death caveats and improves the way caveats are administered. Florida’s Probate Code Section 731.110 now allows an individual who is apprehensive that an estate will be administered or admitted to probate without that person’s knowledge to file a caveat with the court.
“Caveats are vitally defensive ways to block an opposing individual from getting her or himself appointed as the personal representative under an invalid will in advance of a lawsuit,” said Reginald Osenton, a Tampa probate lawyer. “Once a personal representative is appointed, it’s hard to remove that person; caveats will make it apparent what concerns an individual has.”
Caveats will only be in effect for two years after filing and excludes creditors from filing pre-death requests. The legislation changes also eliminate inconsistencies between Statute codes 731.110 and Fla. Prob. R. 5.260.
“The new statute helps to prevent wrongdoers from isolating individuals within a family to get appointed as the personal representative and then have a potentially invalid will admitted to probate,” Osenton said.
In Florida, probate is the legal system where certain assets of a deceased person are used to pay off debts and taxes and the remaining assets are passed onto the heirs or beneficiaries of the deceased person. The process is governed by the Florida circuit courts, and typically takes six months to one year, although in some cases timeframes can increase or decrease.
“We excel in competent estate administration and compassion in a time of crisis,” Osenton said. “Many burdensome tasks occur when a loved one has passed, and any error can cost the estate time and money. Our firm will handle all the tasks in a timely and correct manner.”
Osenton Law Offices provides clients with skilled and effective legal advice to help them through the probate process. For more than 20 years in Tampa and Brandon, Fla., they have handled a wide array of cases involving the probating of wills, estate administration, and probate litigation. They assist trustees in the administration of trusts, regardless of whether or not they have prepared the will or trust in question. The firm also represents heirs and beneficiaries to ensure that they receive the maximum amount allowed by law from estates and trusts.
Osenton Law Office, PA
500 Lithia Pinecrest Road
Brandon, Florida 33511
Call: (813) 654-5777
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