By: Hillary A. Kessler, Esq. Who pays the personal representative, and how much is fair? It is a question that comes up in nearly every estate we handle, whether asked by the person doing the work or the beneficiaries watching the process unfold. The Role Behind the Fee A personal representative, Florida's version of an executor, is responsible for gathering assets, dealing with creditors, filing necessary paperwork, and eventually distributing the estate. It is a real job wi

By: Hillary A. Kessler, Esq. Many people believe a will is absolute, that if you leave someone out, they simply get nothing. When it comes to a surviving spouse in Florida, that assumption is often wrong. The Right That Exists Outside the Will Florida law provides a surviving spouse with a right commonly called the elective share, allowing them to claim a portion of the estate regardless of what the will says. This protection generally applies whether the couple was close, di

By: Hillary A. Kessler, Esq. Losing a loved one is hard enough without also trying to figure out what "probate" even means. This guide walks through the basics of how the process generally works in Florida, so you have a foundation before your first conversation with an attorney. The Short Version At a high level, probate is the court supervised process of identifying a deceased person's assets, addressing valid debts, and transferring what remains to the people entitled to r