Learn about probate court statutes and rules of procedure in Florida Understand how Probate issues can impact other areas such as: real estate, family, and debt/creditor law. How to handle special challenges that arise in probate cases Discuss recent procedural changes in Miami-Dade & Broward Probate Cour

Goldberg, Adam Scott

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Nova Southeastern UniversityNSUWorksLaw Center Plus Seminar Series Shepard Broad College of Law7-2016Probate A to Z: Guiding You Through the Statutes,Rules, and Procedures (click SharkMedia below forvideo)Adam Scott GoldbergKrause & Goldberg PAFollow this and additional works at: http://nsuworks.nova.edu/law_lcpseminarPart of the Accounting Law Commons, Estates and Trusts Commons, Family Law Commons,and the Property Law and Real Estate CommonsThis Article has supplementary content. View the full record on NSUWorks here:http://nsuworks.nova.edu/law_lcpseminar/15This Article is brought to you for free and open access by the Shepard Broad College of Law at NSUWorks. It has been accepted for inclusion in LawCenter Plus Seminar Series by an authorized administrator of NSUWorks. For more information, please contact nsuworks@nova.edu.NSUWorks CitationGoldberg Adam S."Probate A to Z: Guiding You Through the Statutes, Rules, and Procedures (click SharkMedia below for video)"(2016). Law Center Plus Seminar Series. Paper 15.http://nsuworks.nova.edu/law_lcpseminar/15      Law Center Plus: Continuing Your Legal Education   Probate A to Z: Guiding You through the Statues, Rules, and Procedures  Friday, July 15, 2016 7:30 am – 9:30 am 3305 College Avenue Ft. Lauderdale, FL 33314        Copyright © 2016 Nova Southeastern University    Page 1  Presented by: Adam Scott Goldberg, LL.M.  Partner, Krause & Goldberg PA, Weston, FL For almost twenty years, Adam Scott Goldberg has represented charitable organizations and served on the Board of Directors as a fiduciary and in advisory capacities for non-profit and tax exempt organizations. His law practice also includes representing such organizations in matters relating to: creating, merging, internal auditing, organizational restructuring, and dissolving the entity. His law practice includes probate, estate planning, trust administration and IRS controversy work and he has lectured extensively in these areas. His law firm also handles residential and commercial real estate, business transactions, and elder law matters.  Goldberg is about to begin his eighteenth year as an Adjunct Professor at NSU Shepard Broad College of Law, where he teaches courses in probate, will drafting, estate planning, and exempt organizations. He is also an Adjunct Professor of Law at the University of Miami School of Law, where he teaches in its LL.M. program in Estate Planning. Welcome and Introduction: 7:55 – 8:00 am Elena Rose Minicucci, JD, Director of Alumni Relations at NSU Law  Seminar Presentation:  Adam Scott Goldberg, Esq., LL.M. of Krause & Goldberg, P.A. in Weston, FL 8:00 am to 9:30 am  I. Introduction – Probate Overview of the Courts    A. Definition: The process of distributing assets titled in the sole name of the decedent to the proper beneficiaries while factoring in the claims of creditors.     B. New Broward County Courthouse   C. New Miami-Dade County Probate Location as of August 2015  D. South (Delray Beach) and North (Palm Beach Gardens) Probate Options in Palm Beach County  II. Topics in Alphabetical Order (presented in timeline order)   A. Accountings   a. See Florida Probate Rules 5.346   b. See Florida Probate Rules Appendix A for sample form   Ancillary Probate   AHCA   Affidavit of Criminal History (New in Broward County as of November 2015)    B. Bond   Beneficiaries   C. Caveats   Page 2   Copies (certified, true or exemplified)   Confidential information   Curators   a. See Florida Probate Rule 5.122   b. The court may appoint sua sponte   Checklists (New in Broward County since January 2016)   D. Daily Business Reviews   DR-312   Death Certificates (2 Types in Florida)   a. See Florida Probate Rule 5.171 and 5.205   b. Extended Absence 5 year rule   E. Escheat   Elective Share    a. See Florida Statute Sec. 732.201   b. Currently 30% of elective estate     F. Filing in the E-Filing System   Family Allowance (up to $18,000)    Formal Notice   www.fltreasurehunt.org   G. Guardian ad Litem / Minor Beneficiaries   H. Homestead   Heirs   I. Inventory   a. See Florida Probate Rule 5.340   b. Due 60 days after granting of Letters of Administration   J. Jury trials (or lack thereof)   Jewelry (separate writings)      Jurisdiction for probate matters   K. Know Your Chief Judge & Court Procedures (i.e., Miami-Dade, Broward, Palm Beach)   Killers Inheritance   L. Lawyer is Required    a. See Florida Probate Rule 5.030   b. Lawyer can also serve as Personal Representative   Letters of Administration   a. See Florida Probate Rule 5.235   b. Stale Letters   Legal fees and costs (fixed fee, hourly, full contingency or statutory)   a. See Florida Stat. 733.6171    b. $1,500 on an estate of up to $40,000    $2,250 from an estate of $40,001 to $70,000    Page 3    3% on all amounts from $100,000 to $999,999    2.5% on all amounts from $1,000,000 to $2,999,999    2%  on all amounts from $3,000,000 to $4,999,999    1.5% on all amounts from $5,000,000 to $9,999,999    1% on all amounts from $10,000,000 and up  Extraordinary services would call for an additional fee       M. Motor vehicles / Exempt Property   a. See Florida Statute 732.402   b. Up to 2 regularly driven vehicles   c. Up to $20,000 of furniture, furnishings and appliances in home   N. Notarized signatures are required in Palm Beach County   Notice to Creditors   a. See Florida Probate Rule 5.241   b. Commonly done through Daily Business Review   c. Priorities in Payment of Claims - Florida Statute 733.707    1. Class 1- Costs, expenses of administration, and compensation of Personal Representatives and the attorney’s fees 2. Class 2 - Reasonable funeral, interment, and grave marker expenses, whether paid by a guardian, the Personal Representative, or any other person, not to exceed the aggregate of $6,000.  3. Class 3 - Debts and taxes with preference under federal law, and claims pursuant to Florida Statutes, 409.9101 (Medicaid) and 414.28 (Public Assistance). 4. Class 4 - Reasonable and necessary medical and hospital expenses of the last 60 days of the last illness of the decedent, including compensation of persons attending the decedent.  5. Class 5 - Family allowance 6. Class 6 - Arrearage from court-ordered child support  7. Class 7 - Debts acquired after death by the continuation of the decedent’s business, in accordance with Florida Statutes Sec. 733.612(22), but only to the extent of the assets of that business.  8. Class 8 - All other claims, including those founded on judgments or decrees rendered against the decedent during the decedent’s lifetime, and any excess over the sums allowed in classes 1 through 7      O. Oath of Personal Representative   Oath of Witness to Will   P. Personal Representative   Pretermitted Spouse and Children   Principal and Income    Q. Qualified Disclaimer    Page 4   a. See, Florida Statutes, Chapter 739   b. Consider post mortem estate planning   c. See Internal Revenue Code, 26 US Code Sec. 2518 (Disclaimers)   d. Requirements:     1. Must be in writing    2. The party disclaiming may not receive any form of consideration for the execution of the disclaimer    3. The party disclaiming may not dictate where or to whom the asset is to go    4. Must be filed within 9 months of the creation of the interest    5. The party disclaiming cannot accept any benefit from the asset prior to the disclaimer   R. Restricted Depository   Resident Agent   S. Summary Administration   Safe Deposit Boxes:   a.  See Florida Probate Rules 5.342 (Inventory) and 5.3425 (Search)   b. An initial Petition to open may be optional    T. Trusts   Taxes (Income, Estate and Gift)   U. Undue Influence   V. Venue   W. Wills   X. Ex Parte Calendar   A. Tuesdays and Thursdays in Broward, Miami-Dade and Palm Beach   B. Each county and each judge has different procedures   C. Most now require some advance notice and most are capped    D. Emergency procedures possible    Y. “Y”? Because Probate can be Profitable   Z. Zebras and other animals; what to do about the decedent’s animal friends  III. Conclusion and Questions   Handouts and Resources   Handouts: Program outline and separate handout with references to statutes, rules, and court procedures  Resources:  Florida Probate Code:  Chapters 731-735, Fla. Sta. http://www.leg.state.fl.us/Statutes/    Page 5  Clerk of Court (FL) online by County: https://flclerks.site-ym.com/?FindaClerk   The Florida Bar online:     “Florida Probate Rules” at: www.floridabar.org   “What is Probate?” informational packet and video at: www.floridabar.org  The Circuit Courts in South Florida:  Be sure to always check the local rules, administrative orders, and policies online.  Additionally, as to Probate, see:   Eleventh Judicial Circuit (Miami-Dade) “Probate Attorneys’ Corner” is a clickable database of procedures, forms, checklists and more.  See: http://www.jud11.flcourts.org/SCSingle.aspx?pid=251    Seventeenth Judicial Circuit (Broward) Probate Court Procedures by Judge.  Judges - See: http://www.17th.flcourts.org/index.php/judges/probate Probate Orders:  See: http://www.17th.flcourts.org/index.php/rules-and-policies/probate-orders   Fifteenth Judicial Circuit (Palm Beach) o Probate - See http://15thcircuit.co.palm-beach.fl.us/web/guest/series6  o Administrative Orders/Local Rules – See   http://15thcircuit.co.palm-beach.fl.us/web/guest/adminorders  Page 6Page 7Page 8Page 9Page 10Page 11Page 12Page 13Page 14Page 15Page 16Page 17Page 18Page 19Page 20Page 21Page 224      Nova Southeastern University | Shepard Broad College of Law 3305 College Ave., Leo Goodwin Sr. Hall, 118 Fort Lauderdale, FL 33314 www.law.nova.edu | www.facebook.com/nsulawcollege |   www.twitter.com/nsulawcollege | www.instagram.com/nsulawcollege  Elena Minicucci | Director of Alumni Relations minicucc@nova.edu 954.262.6303 phone | 954.262.3834 fax 

Probate A to Z: Guiding You Through the Statutes, Rules, and Procedures (click SharkMedia below for video)

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Probate A to Z: Guiding You Through the Statutes, Rules, and Procedures (click SharkMedia below for video)

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