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What You Need to Know About Probate in Florida

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Dealing with the probate process can be overwhelming, especially when you are grieving the loss of a loved one. The process involves the legal distribution of the deceased’s assets, and each state has its own unique set of rules and regulations. In this article, we will break down everything you need to know about Florida probate.

What is Probate?

Probate is the legal process through which a deceased person’s estate is administered and their assets are distributed according to the individual’s will or state laws. The process generally includes identifying and inventorying the deceased’s property, paying debts and taxes, and distributing the remaining assets to heirs or beneficiaries.

Types of Probate Administration in Florida

Florida recognizes two main types of probate administration: Formal administration and Summary administration.

Formal Administration

This is the most common type of probate and is used when the value of the deceased’s assets is greater than $75,000. A personal representative, usually nominated in the will, is appointed by the court to manage the estate. The representative is responsible for collecting and managing assets, paying debts, and distributing the remaining assets to the beneficiaries.

Summary Administration

This is a faster, simpler process for smaller estates with a total value of $75,000 or less or when the deceased has been dead for more than two years. With summary administration, there is no need to appoint a personal representative, and the court directly orders the distribution of assets to the beneficiaries.

Role of the Personal Representative

The personal representative (also known as the executor or administrator) is responsible for managing the estate during the probate process. Their duties include:

  • Identifying, collecting, and managing the deceased’s assets
  • Paying debts and taxes owed by the estate
  • Distributing the remaining assets to the heirs or beneficiaries
  • Providing an accounting to the court detailing the estate’s financial transactions

The personal representative must act in the best interests of the estate and its beneficiaries and is held accountable to the court.

When Is Probate Not Required in Florida?

Probate may not be necessary in Florida under certain circumstances, including:

  • Assets held in joint tenancy with the right of survivorship
  • Payable-on-death or transfer-on-death accounts
  • Life insurance policies with designated beneficiaries
  • Assets held in a revocable living trust

These assets pass directly to the surviving co-owner or designated beneficiary, bypassing the probate process.

Florida Probate Timeline

The length of the probate process in Florida varies depending on the complexity of the estate and any disputes that may arise. However, on average, formal administration can take anywhere from six months to a year, or even longer in complex cases. Summary administration is usually quicker, often taking only a few weeks to a few months.

Costs Associated with Probate in Florida

Probate costs in Florida can include court filing fees, attorney’s fees, personal representative fees, and other expenses related to the administration of the estate. Florida’s law sets the maximum fees for personal representatives and attorneys based on the value of the estate. However, the court may approve additional fees for extraordinary services.

The idea of Bigtime Daily landed this engineer cum journalist from a multi-national company to the digital avenue. Matthew brought life to this idea and rendered all that was necessary to create an interactive and attractive platform for the readers. Apart from managing the platform, he also contributes his expertise in business niche.

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Business

Turning Tragedy into Triumph Through Walking With Anthony

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On the morning of February 6, 2010, Anthony Purcell took a moment to admire the churning surf before plunging into the waves off Miami Beach. Though he had made the dive numerous times before, that morning was destined to be different when he crashed into a hidden sandbar, sustaining bruises to his C5 and C6 vertebrae and breaking his neck.

“I was completely submerged and unable to rise to the surface,” Purcell recalls. “Fortunately, my cousin Bernie saw what was happening and came to my rescue. He saved my life, but things would never be the same after that dive.”

Like thousands of others who are confronted with a spinal cord injury (SCI), Purcell plunged headlong into long months of hopelessness and despair. Eventually, however, he learned to turn personal tragedy into triumph as he reached out to fellow SCI victims by launching Walking With Anthony.

Living with SCI: the first dark days

Initial rehabilitation for those with SCIs takes an average of three to six months, during which time they must relearn hundreds of fundamental skills and adjust to what feels like an entirely new body. Unfortunately, after 21 days, Purcell’s insurance stopped paying for this essential treatment, even though he had made only minimal improvement in such a short time.

“Insurance companies cover rehab costs for people with back injuries, but not for people with spinal cord injuries,” explains Purcell. “We were practically thrown to the curb. At that time, I was so immobile that I couldn’t even raise my arms to feed myself.”

Instead of giving up, Purcell’s mother chose to battle his SCI with long-term rehab. She enrolled Purcell in Project Walk, a rehabilitation facility located in Carlsbad, California, but one that came with an annual cost of over $100,000.

“My parents paid for rehabilitation treatment for over three years,” says Purcell. “Throughout that time, they taught me the importance of patience, compassion, and unconditional love.”

Yet despite his family’s support, Purcell still struggled. “Those were dark days when I couldn’t bring myself to accept the bleak prognosis ahead of me,” he says. “I faced life in a wheelchair and the never-ending struggle for healthcare access, coverage, and advocacy. I hit my share of low points, and there were times when I seriously contemplated giving up on life altogether.”

Purcell finds a new purpose in helping others with SCIs

After long months of depression and self-doubt, Purcell’s mother determined it was time for her son to find purpose beyond rehabilitation.

“My mom suggested I start Walking With Anthony to show people with spinal cord injuries that they were not alone,” Purcell remarks. “When I began to focus on other people besides myself, I realized that people all around the world with spinal cord injuries were suffering because of restrictions on coverage and healthcare access. The question that plagued me most was, ‘What about the people with spinal cord injuries who cannot afford the cost of rehabilitation?’ I had no idea how they were managing.”

Purcell and his mother knew they wanted to make a difference for other people with SCIs, starting with the creation of grants to help cover essentials like assistive technology and emergency finances. To date, they have helped over 100 SCI patients get back on their feet after suffering a similar life-altering accident.

Purcell demonstrates the power and necessity of rehab for people with SCIs

After targeted rehab, Purcell’s physical and mental health improved drastically. Today, he is able to care for himself, drive his own car, and has even returned to work.

“Thanks to my family’s financial and emotional support, I am making amazing physical improvement,” Purcell comments. “I mustered the strength to rebuild my life and even found the nerve to message Karen, a high school classmate I’d always had a thing for. We reconnected, our friendship evolved into love, and we tied the knot in 2017.”

After all that, Purcell found the drive to push toward one further personal triumph. He married but did not believe a family was in his future. Regardless of his remarkable progress, physicians told him biological children were not an option.

Despite being paralyzed from the chest down, Purcell continued to look for hope. Finally, Dr. Jesse Mills of UCLA Health’s Male Reproductive Medicine department assured Purcell and his wife that the right medical care and in vitro fertilization could make their dream of becoming parents a reality.

“Payton joined our family in the spring of 2023,” Purcell reports. “For so long, I believed my spinal cord injury had taken everything I cared about, but now I am grateful every day. I work to help other people with spinal cord injuries find the same joy and hope. We provide them with access to specialists, funding to pay for innovative treatments, and the desire to move forward with a focus on the future.”

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