Recent Posts in Probate Category

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  • Can Probate be Avoided?

    Posted By Owenby Law, P.A. || 29-Sep-2017

    Planning your estate earlier in life can save you a substantial amount of time and money. Most of us don’t even want to think about death, however, planning out what will happen to your possessions after your gone will benefit your heirs and ensure that your assets are transferred according to your final wishes. However, having a will is not enough to avoid probate. When you pass away, all ...
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  • What is the Role of a Personal Representative?

    Posted By Owenby Law, P.A. || 30-Jan-2017

    When a person passes away owning property in Florida, he or she leaves behind a “ probate estate.” Florida law requires that someone needs to be appointed the estate’s personal representative, who can be a family member or close friend of the dearly departed, as well as a trust company. The personal representative is an official officer of the court. He or she must be over 18 ...
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  • Will Legal Counsel Be Allowed to Access Our Public Data Assistants (AKA Cell Phones)?

    Posted By Owenby Law, P.A. || 16-Dec-2016

    The content within our Public Data Assistants, also known as our cell phones, have become a more prominent part of legal litigation as social networking continues to grow and as humans continue to grow more reliant on cellular devices as means of information, entertainment, and communication. Research now suggests that the use of cellular wireless devices may be just as important as the various ...
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  • Owenby Law, P.A. Opens New Office Location in St. Augustine, Florida

    Posted By Owenby Law, P.A. || 4-Aug-2016

    Our legal team at Owenby Law, P.A. is pleased to announce that we have opened a new office location in St. Augustine, Florida. At this location, we will provide all of our services to the residents of our city and other cities throughout St. Johns County. Because we are dedicated to serving our clients with highly experienced representation, we will continue to handle cases pertaining to the ...
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  • Homestead Law: A Legal Chameleon

    Posted By Owenby Law, P.A. || 4-Mar-2016

    What happens when a decedent’s homestead is larger than Florida’s constitutional size restrictions, but cannot be subdivided? When it comes to probate administration, this is an important question. In estates with friction between beneficiaries, creditor problems, elective share issues, or significant liquidity problems, this issue will have to be addressed squarely, but interestingly, ...
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  • The 4 Steps of the Probate Process

    Posted By Owenby Law, P.A. || 10-Feb-2016

    The process of administering a decedent’s estate is known as probate. During this process, the decedent’s debts are settled, and any property in their name that is not distributed by law is transferred to heirs and other beneficiaries. If the decedent had a will, the process begins when the designated executor presents the will in court. If the decedent did not have a will, an ...
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