Frequently Asked Questions
WHAT IS A PERSONAL REPRESENTATIVE OR EXECUTOR?
A personal representative, known as an executor in other states, is the fiduciary appointed to handle the affairs of the estate.
WHAT IS THE SURVIVING SPOUSE OF THE DECEDENT ENTITLED TO UNDER FLORIDA LAW?
In the absence of a prenuptial agreement, a surviving spouse may be entitled to the following:
- Homestead – The surviving spouse may be entitled to either a life estate in the homestead property or a 50% interest in the property, at the election of the spouse.
- Family Allowance – The surviving spouse and any minor children the decedent was obligated to support may be entitled to a “reasonable” allowance during the administration of the estate, up to the amount of $18,000.
- Elective Share – The surviving spouse may be entitled to 30% of the elective estate of the decedent.
- Exempt Property- The surviving spouse may be entitled to certain household furnishings and motor vehicles as exempt property.
WHAT IS A POWER OF ATTORNEY?
A power of attorney is a document in which the creator of the document, also known as the principal, grants the agent the power to handle their financial affairs. A durable power of attorney continues to remain effective after the principal becomes incapacitated. The power of attorney document expires on the date of death of the principal.
Tanya believes that legal representation should be full service and that includes providing both trustworthy and knowledgeable service in protecting your money, your family and your future.