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What is a will?
A will is a legal document written to ensure that a person's possessions or responsibilities are taken care of according to their wishes after their death. A will may include the appointment of a personal representative, along with the delineations of which beneficiaries will get what.
We cannot locate the will. Now what?
Florida law presumes that if the original document cannot be produced, it was the decedent’s intent that the document be destroyed. It is possible to overcome this presumption depending upon specific facts. If the presumption cannot be overcome, the probate process would then follow the intestate succession process instead.
What is Summary Probate Administration?
Summary Probate Administration is a shortened proceeding to administer an estate. Summary administration is allowed if more than two years have elapsed since the date of decedents death, or if the assets involved total LESS than $75,000. A personal representative is not required for Summary Probate Administration. However, the beneficiaries of a summary administration remain responsible for all creditor claims that are discovered in a timely fashion.
What are considered assets in Probate Administration?
Probate assets are those items of value that were owned solely by the decedent. These assets must not have a provision for automatic succession, other wise they will not be considered probate assets. For example, bank accounts, real estate (but not the homestead property), and a life insurance payable to the decedent’s estate are all probate assets, but trust funds, joint bank accounts, life insurance policies payable to an individual, or real estate owned jointly would not be.
What is Formal Probate Administration?
Formal Probate Administration is the required proceeding when Summary Administration is either not appropriate or not selected by the interested parties. A personal representative is required for Formal Probate Administration.
What is Probate?
Probate is the process by which the court identifies and gathers a decedent’s assets. Through the probate process, all taxes, claims, and expenses are paid, and assets are distributed among beneficiaries. The probate code can be found in Title XLII of the Florida Statutes. There are two types of probate administration, Formal Administration and Summary Administration.
What if I was a passenger in an 18-wheeler or semi-truck accident in Florida?
You may be eligible for benefits from multiple sources: the insurance of the driver of the car you were in, the trucker’s insurance, personal injury protection, and other sources. You also will most likely be eligible to participate in any lawsuit to receive additional benefits for your injury or lost wages if a party is found to have been negligent in the accident.
Is the investigation important in a Florida 18-wheeler or semi-truck accident case?
The investigation is very important in an 18-wheeler or semi-truck accident in Florida. The trucking company’s insurance may be on the scene of the accident shortly after paramedics and police. They will collect information and try to get a statement from you about the accident. All of the information they collect will be used to limit your claim as much as possible. It is important to contact a truck accident lawyer as soon as possible to investigate on your behalf and to handle insurance adjusters.
A big rig lost control causing a major accident that injured me. Can I recover in Florida against the driver of the big rig?
If it can be shown that the driver of a big rig was negligent then a claim can be brought against the driver. This happens all too often. Driver fatigue is a widespread problem for big rig drivers, with time constraints incentivizing drivers to log an unsafe amount of hours on the road every day. If the driver can be shown to have been driving in an unsafe manner or if he or she was under the influence of alcohol then negligence can be proven as well. These are just some examples of cases where the driver, as well as the trucking company and their insurance, can be sued for your injuries, lost wages, or even wrongful death following a truck accident in Florida. An aggressive truck accident lawyer can help prove driver negligence.
How common are serious injuries from 18-wheeler or semi-truck accidents in Florida?
18-wheeler or semi-truck accidents in Florida inherently carry a much greater risk of serious injury or death. Sheer size makes these vehicles extremely dangerous. They also spend most of their time on the highway or interstate, moving at fast speeds, further raising the severity of any accident. Driver fatigue is a chronic problem in the trucking industry where the incentive is high to log as many hours as possible every day. An experienced Florida truck accident attorney can properly identify possible acts of negligence and help you secure the maximum benefits for your claim.