He is always responsive to telephone calls and acts in a very professional manner. A trust company incorporated under the laws of Florida, or a bank or savings and loan authorized and qualified to exercise fiduciary powers in Florida, can serve as the personal representative. Everything was explained throughout the probate process, all our concerns addressed. They took the time to understand my objectives and concerns. Throughout this entire family saga, Barry made the effort to keep advised of the on-going status. The clerk then assigns a file number and maintains an ongoing record of all papers filed with the clerk for the administration of the decedents probate estate. He provided me with solutions for my complex situation and developed personalized planning. (d)The department shall not be civilly or criminally liable for any funds distributed pursuant to this subsection, provided the distribution is made in good faith. I found him to be very honest, ethical and knowledgable. I was provided education, resources and tools to help me make better decisions. WebPRACTICE UNDER FLORIDA PROBATE CODE (Fla.Bar CLE 6th ed. If the decedents will provides that the tax shall be apportioned as provided in the decedents revocable trust by specific reference to the trust, the direction in the revocable trust shall be deemed to be a direction contained in the will and shall control with respect to payment of taxes from assets passing under both the will and the revocable trust. I couldn't ask for a better finished product and a better experience with a law firm. The end result is that my wife and I highly recommend Barry for his professional expertise, personality, style of operation and empathy regarding how we felt going through an experience that was critically important and unchartered territory for us. The legitimate debts of the decedent, specifically including proper claims, taxes, and expenses of the administration of the decedents probate estate, must be paid before distributions are made to the decedents beneficiaries. Web1. If the decedent left a valid Will, the Court will admit the Will (according to procedures) to probate to transfer ownership of probate assets to the named beneficiaries. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between. (1)Death benefits of any kind, including, but not limited to, proceeds of: (c)A benefit plan as defined by s. 710.102; (d)An annuity or endowment contract; and. Barry helped my wife and I with estate planning and trust. Thank you again Barry ! Working with Barry was a very positive experience. In that case, the judge will hold a hearing as necessary to resolve the matter in question. As set forth in a contract between the personal representative and the decedent. The attorney for the personal representative is not the attorney for any of the beneficiaries of the decedents probate estate. I am extremely happy with the end result. Our questions were answered quickly and honestly which made us feel comfortable working with him. His willingness to partner with his clients to make sure each detail is uncovered is exceptional. When accessing a Probate PDF form in Chrome, the PDF file will be downloaded and can then be opened in Adobe Reader (Required). I have had nothing but great experiences on all of my engagements with them and would highly recommend them to anyone looking for legal work as it relates to estate or business law. When court dockets are busy, the time frame it takes to complete and close a probate case can become extensive due to the judges (6)The personal representative or fiduciary shall not be required to transfer to a recipient any property reasonably anticipated to be necessary for the payment of taxes. Furthermore, if a probate proceeding is not commenced, the assets making up the decedents revocable trust are subject to a two-year creditors claim period, rather than the three-month non-claim period available to a personal representative. Real estate titled in the name of the decedent and one or more other persons as joint tenants with rights of survivorship is not a probate asset. As an attorney, I appreciate Barry's efficiency and his prompt communications. He is detail-oriented, competent, ethical, and passionate about what he does. WebFlorida Statutes Definitions Index (2022) [PDF] General Laws Conversion Table (2022) [PDF] Preface to the Florida Statutes (2022) [PDF] Table of Section Changes (2022) [PDF] Table (g)If the court finds that it is inequitable to apportion interest, penalties, or both, in the manner provided in paragraphs (a)-(f), the court may assess liability for the payment thereof in the manner it finds equitable. He has assisted me with tenant screening and selection, has drawn up customized lease agreements for each property, and has filed the necessary paperwork to evict tenants. Would definitely recommend him for all your estate planning needs. He was always on point and could recall my legal matter off memory whenever I asked; how many big law firms could do that? He made these complex documents easy to understand and addressed all my needs and concerns. This gives the creditors an opportunity to file claims in the decedents probate estate if any. We love working with them. We highly recommend Barry and are impressed that so many other legal experts and related firms highly respect his work and his temperament. I developed great trust in him and his advice. Simply put, any business owner would greatly benefit by having Barry on their team. He has my highest praise ! There is no question that we would use him again in the future, and we recommend him wholeheartedly! We had a great experience with Barry. A circuit court judge presides over probate proceedings. HWnHC bz69q2`12 His simplistic approach to the process allowed us to understand and differentiate the like to have versus what the law allowed. That it is impracticable to enforce contribution of the apportioned tax against a person against whom the tax has been apportioned in view of the improbability of obtaining a judgment or the improbability of collection under any judgment that might be obtained, or otherwise. (2)An order directing the surrender of real property or the delivery of personal property by the personal representative to the beneficiary shall be conclusive in favor of bona fide purchasers for value from the beneficiary or distributee as against the personal representative and all other persons claiming by, through, under, or against the decedent or the decedents estate. He has exceeded our expectations in immeasurable ways! In that case, those descendants will receive all of the decedents probate estate. Everything was completed in a professional, timely, and friendly manner. 5 stars! (f)Net tax means the net tax payable to the particular state, country, or political subdivision whose tax is being apportioned, after taking into account all credits against the applicable tax except as provided in this section. I was extremely pleased with his services and have recommended him to friends and neighbors. If the recipient of the property does not survive the decedent, the property shall not be taken into account in computing the intestate share to be received by the recipients descendants unless the declaration or acknowledgment provides otherwise. Barry and his team were extremely helpful in my probate matter. He made it as smooth as it could be and even had a COVID friendly signing for us. Many lawyers have a bad reputation. One of the primary purposes of probate is to ensure that the decedents debts are paid in an orderly fashion. What Is A Will? I recently had the opportunity to work with Barry Haimo. He is extremely patient, detailed, informative, professional & knowledgeable, Haimo Law Group worked with us to revise our Wills and Trust. He gave us a very thorough and detailed document, while adhering to the specific wishes important to us.We found the professional costs to be very reasonable and we wouldnt hesitate to use them again, or, for tOther legal needs.John and Terri Mason. He was very easy to work with and went out of his way to work around our schedules. The purpose of the notice of trust is to make the decedents creditors aware of the existence of the trust and of their rights to enforce their claims against the trust assets. They are very patient, professional, and knowledgeable. Serve a Notice of Administration to provide information about the probate estate administration and procedures required to be followed by those having any objection to the administration of the decedents probate estate. (f)The net tax that is not apportioned under paragraphs (a), (b), and (c), including, but not limited to, the net tax attributable to interests passing by intestacy, jointly held interests passing by survivorship, insurance, properties in which the decedent held a reversionary or revocable interest, and annuities, shall be apportioned among the recipients of the remaining interests that are included in the measure of the tax in the proportion that the value of each such interest bears to the total value of all the remaining interests included in the measure of the tax. Barry and his team were patient, good listeners, knowledgeable, thorough, always responsive, and effective in making a somewhat complex process understandable. I would definitely work with Barry anytime. Excellent experience with our estate planning. Petition must be signed by The petition or motion identifier must appear below the title of the notice or proposed order as required by, Copyright 2023 Eleventh Judicial Circuit of Florida. Honestly it was a dream working with them and I wouldn't choose any other firm. He was always available to answer any questions I can up with which were a lot. The term included in the measure of the tax does not include interests or amounts that are not included in the gross estate but are included in the amount upon which the applicable tax is computed, such as adjusted taxable gifts with respect to the federal estate tax. If the decedent had a valid Will, the judge will appoint the person or institution named by the decedent in that Will to serve as personal representative, as long as the named person or bank or trust company is legally qualified to serve. Upon the admission of the will to probate, the death benefits shall be paid to the trustee, to be held, administered, and disposed of in accordance with the terms of the trust or trusts created by the will. The purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind. He is an expert in this field and his work reflects his attention to details. Check the "Download PDF files instead of automatically opening them in Chrome" option. If there is more than one descendant, the decedents probate estate will be divided among them in the manner prescribed by Florida law. Barry Haimo is intelligent, compassionate, diligent, and professional. Taking the time to explain complex topics to clients shows teamwork and attentiveness as plans are put together. (p)Tentative Florida tax with respect to any property means the net Florida estate tax that would have been attributable to that property if no tax were payable to any other state in respect of that property. Who Is Involved In The Probate Process? Thanks again for everything. The amount is presumed to be reasonable as. Barry Haimo was intelligent, professional, and went the extra mile to make sure that my business affairs were properly preserved. If the residuary estate is insufficient to pay the net tax attributable to all nonresiduary devises, the balance of the net tax attributable to nonresiduary devises shall be apportioned among the recipients of the nonresiduary devises in the proportion that the value of each nonresiduary devise included in the measure of the tax bears to the total of all nonresiduary devises included in the measure of the tax. Real estate titled in the sole name of the decedent, or the decedents name and another person as tenants in common, is a probate asset (unless it is homestead property). Suppose the decedent was not married at the time of death and had no living descendants. Bear in mind, however, that real property owned by the decedent in Florida is not homestead until the court enters an order determining that the property is indeed homestead. I've referred numerous clients to Barry over the past several years, and each of them has been uniformly pleased with the representation. All funds deposited with the Chief Financial Officer and not claimed within 10 years from the date of deposit shall escheat to the state for the benefit of the State School Fund. A provision in a Will mandating that a particular attorney or firm be employed as the attorney for the personal representative is not binding. He made these complex documents easy to understand and addressed all my needs and concerns. Barry was very helpful throughout the process and helped us better understand what we needed as well as exactly what it meant legally. I have recommended Barry to others and look forward to working with him on Estate Planning. (c)The net tax attributable to an interest in protected homestead shall be apportioned against the recipients of other interests in the estate or passing under any revocable trust in the following order: 1. Up to three months for simple, smaller estates Up to one year for standard formal administrations The remainder of the assets is distributed to the decedents beneficiaries. The existence and enforcement of these statutory rights require knowledge about the applicable laws and procedures and are best handled by an attorney. Four years later, when our younger daughter was born, we wanted to update a number of estate planning documents, and Barry couldn't have been more accommodating. (S. 732.901, Florida Statutes.) 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