Summary
Florida probate rules are governed by the Florida Probate Code and Florida Probate Rules. When a homestead property is sold, proceeds maintain homestead protection and are distributed according to the will or inheritance laws. Attorneys may retain proceeds until the estate is fully administered. Unreasonable delays can be reported to The Florida Bar. Trust accounts may be used to protect assets and manage complex estates. Commingling funds is against Florida Bar rules and can lead to disciplinary actions. Personal representatives must inform heirs about the probate process and asset locations. Both attorneys and personal representatives can access trust accounts. Probate lawyers have fiduciary duties and misconduct can result in disciplinary actions. Non-probate assets should be distributed without court involvement, and heirs have the right to request payment.Full Conversation
yes i need the most up to date advice with statues and rules for florida probate lawyers
Hello Steven, I'm glad to assist. Florida probate rules are governed by:
- Florida Probate Code (Chapters * to * of the Florida Statutes)
- Florida Probate Rules (Florida Rules of Court Procedure)
Please consult these sources for the most up-to-date information.
what happens to the funds after a homestead property is sold in florida through probate
When a homestead property is sold in Florida through probate:
- The proceeds maintain their homestead protection.
- They cannot be seized by the decedent's creditors.
- They are distributed according to the decedent's will or Florida's inheritance laws if there's no will.
is there a legal reason for a lawyer to withhold the proceeds once the debt has been paid but the estate is not yet closed?
In Florida:
- An attorney may retain proceeds until the estate is fully administered to cover any potential costs or claims.
- It's also possible if there's a dispute among beneficiaries.
- However, unreasonable delay can be a matter for the Florida Bar.
what are unreasonable delay of fund via the florida bar
Unreasonable delay of funds generally refers to:
- Situations where there's no legitimate reason for holding the funds.
- Delays that cause harm or inconvenience to the client.
- Delays beyond a reasonable period, as determined by The Florida Bar.
For specifics, contact The Florida Bar.
why would a lawyer set up a trust account to hold the estates funds instead on a estate account?
A lawyer might establish a trust account for estate funds due to:
- Protecting the assets from possible creditors.
- Managing complex estates with various types of assets.
- Ensuring funds are readily available for distribution upon completion of probate.
Please consult with a Florida probate lawyer for a more precise answer.
how could a lawyer comingle funds using a trust account over a estate account?
Commingling funds occurs when a lawyer mixes personal funds with those of a client or third party. In Florida:
- It's against The Rules Regulating the Florida Bar Rule *-*.*(a).
- It can lead to disciplinary actions including disbarment.
- It can result in criminal charges for misappropriation of funds.
For specifics, contact The Florida Bar.
dose the lawyer have to inform a heir of the probate process and location of assets
In Florida:
- The personal representative (or attorney for the estate) generally has a duty to keep the beneficiaries informed.
- They must provide a Notice of Administration to interested parties.
- They should disclose the location and value of assets.
- Failure to do so can lead to penalties.
For specifics, consult the Florida Probate Rules.
who has access to the trust account set up to hold the estate funds? lawyer or personal representative?
In Florida:
- Both the attorney and the personal representative can access the trust account.
- The lawyer, as trustee, manages the account.
- The personal representative can view and request distributions.
- Both are subject to fiduciary duties and Florida law.
Please consult a Florida probate attorney for more information.
fiduciary duties and Florida law for a probate lawyer and misconduct
Under Florida law, a probate lawyer has fiduciary duties which include:
- Acting in the best interest of the client
- Avoiding conflicts of interest
- Preserving client confidences
- Not commingling client funds
Misconduct can result in disciplinary actions by The Florida Bar, including disbarment.
can a probate lawyer in flordia withhold non probate assets in a trust without permssion from beneficiary
In Florida, non-probate assets should usually be distributed without court involvement. However, disputes or special circumstances may require legal intervention. Could you please provide a bit more detail about your situation?
my fathers truck was sold and the probate lawyer put the funds into a trust account, stating she has to wait until the estate closes before disbursing the money
While it's unusual, there may be reasons for the lawyer's actions. These could include:
- Uncertainty about the estate's debts
- Potential disputes among beneficiaries
- Possible claims against the estate
Could you please elaborate if any of these scenarios apply?
no, my sister is the personal representative and we are the only heirs. could i request payment from non probate assets?
Yes, you can request payment. In Florida:
- Non-probate assets should be distributed without court involvement.
- As an heir, you have a right to access non-probate assets.
- If there's a dispute, consider discussing with a probate attorney.
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