February 07, 2025, 10:05 AM
nhracecraftEstate Attorney needed for Ancillary Probate in FL
I am an Executor for my Father’s Estate (Primary Probate was in NJ) and have to deal with the disposition of several ‘real’ properties in FL. As such, I'm looking for recommendations for an Estate Attorney, as well as any info, guidance, etc, you can provide for navigating the FL Probate process, which is surprisingly, WAY more difficult/complicated that what we’ve encountered in NJ.
The properties in question are all undeveloped residential lots and located in three separate counties; Citrus, Flagler & Polk (Pine Ridge, Palm Coast, and Indian Lake), so an hour to 1½ hours driving time from Orlando, in three different directions! Right now the plan is to head to FL at the end of February to get eyes on each property to determine what we intend to do with them. There are three co-Executors (myself and my two brothers), and two of us plan to make the trip, likely 2/23 – 2/27. Real Estate Taxes and HOA fees are current and have been paid annually since my Father past away a several years ago.
Unfortunately, dealing with his primary home, possessions, etc, and COVID significantly delayed us in getting around to dealing with the properties in FL. My Father was also a victim of Elder Abuse, perpetrated by a female acquaintance of his (and NOT her first rodeo!) and was defrauded out of over SEVEN HUNDRED THOUSAND DOLLARS, so there are essentially zero funds in the Estate Account right now. Actually, the Executors were covering expenses (THOUSANDS each at one point!) prior to being able to sell his Primary Home in NJ, and we are now in a similar situation, having to take on expenses until we sell at least some of the FL properties.
It’s my understanding, based on what I was told by the Probate Courts in each FL County, and that I will NEED an Estate Attorney to file with the Probate Courts there, as in it’s a requirement! It’s it also my understanding (based on my research) that once that initial filing/public notification(s) are done, that the Estate ‘may’ be able to use a Personal Representative for any subsequent for future Probate related activities associated with the disposition/administration of the real property in FL. Not sure if we will go down that path, but I believe it’s an option, and something we may want to consider, as all expenses will be coming out of the pockets of the Executors until we can get funds in the Estate Account to cover reimbursement and future expenses. I will be getting a Certified and Exemplified Will from the Probate Court in NJ prior to traveling to FL so that shouldn’t be an issue.
I would welcome any recommendations/info/guidance you can provide. Thank you!
February 07, 2025, 10:34 AM
bcereussForum member Timdogg6, maybe? If nothing else, would be an excellent starting point.
Timdogg6February 07, 2025, 12:21 PM
HRKArtieS is an attorney in CFL, if you are looking for someone here, he may be able to help you locate a firm.
Link ArtieSFebruary 07, 2025, 12:26 PM
MaSigchistI am Trustee of an estate in Florida - I have been using Rossway-Swan out of Vero Beach/Melbourne for the past few years - Attorney Michael Swan - they are expensive but so far have been worth every penny. They are a large firm. I picked them because I needed help with ongoing Trust administration, a real-estate closing and possibly litigation at some point. Attorney Swan is as sharp as they come.
You can contact me by Email in profile if you have questions about the firm or want to drop my name.
February 07, 2025, 12:39 PM
Timdogg6I can assist for sure.
I handle ancillary probates and real estate title matters in Florida for the last 20 years.
Will send you an email, you are welcome to email me as well.
No fee at all for a SF Member consultation!
February 07, 2025, 02:02 PM
400mAnd this is one reason we love SF!
Way to go Timdogg6. Hope everything goes smooth for you nhracecraft.