Florida Objection to Family Allowance in a Decedent's Estate

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A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Florida Objection to Family Allowance in a Decedent's Estate: In the state of Florida, when a person passes away, their estate goes through a probate process to administer their assets and distribute them to beneficiaries or heirs. During this process, the court may grant a family allowance to provide financial support to the decedent's family members who were dependents on the deceased individual. However, there are instances where objections can be raised concerning the family allowance requested in a decedent's estate. These objections aim to question or contest the necessity or amount of the proposed family allowance. Some common types of objections to family allowance in a decedent's estate in Florida include: 1. Lack of financial need: A party may object to the family allowance if they believe that the intended beneficiaries do not require financial support due to their own independent financial resources or assets. 2. Excessive requested amount: An objection may be raised if the proposed family allowance is deemed overly generous or unreasonable, taking into consideration the decedent's estate's assets and liabilities. 3. Misrepresentation of dependency: If the court grants a family allowance to individuals who were not genuinely dependent on the decedent during their lifetime, objections can be raised to question their eligibility. 4. Disputed claims of dependency: Relatives or potential beneficiaries may object to the family allowance if they contest the status of a particular individual as a dependent of the decedent, arguing that they were not financially reliant on the deceased individual. 5. Fraud or dishonesty: If there is evidence or suspicion of fraudulent or deceitful behavior in relation to the family allowance request, an objection can be raised to prevent its approval. It is important to note that the specific procedures and requirements for objecting to the family allowance in a decedent's estate may vary depending on the circumstances and individual case. Therefore, seeking legal advice from an experienced attorney specializing in probate law is crucial to navigate these complex matters effectively. Overall, Florida objections to family allowance in a decedent's estate serve as a safeguard to ensure fairness and protect the assets of the estate.

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Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.

Stat, section 733.710- Limitations on claims against estates, the estate is not liable for any claim filed 2 years after the decedent passed away. Creditors must file claims in writing. The claims must state the name and address of the claimant and his or her attorney, if any.

Florida law provides that a surviving spouse and/or the surviving children are entitled to a reasonable family allowance for maintenance during the pendency of the estate administration. The maximum allowable amount is $18,000.

(1) The venue for probate of wills and granting letters shall be: (a) In the county in this state where the decedent was domiciled. (b) If the decedent had no domicile in this state, then in any county where the decedent's property is located.

Under FL. Stat, section 733.109- Revocation of probate, an interested party can initiate a proceeding to revoke probate by filing a petition with the court having jurisdiction over the administration.

Under Florida Statutes, section 733.604- Inventories and accountings; public records exemptions, such an inventory must remain confidential. However, it can be disclosed to the personal representative, to the personal representative's attorney, or to an interested person.

Under FL. Stat, section 733.705- Payment of and objection to claims, the personal representative must pay all claims within 1 year from the date of first publication of notice to creditors. More time is allowed for claims that end up in litigation, claims that have not matured, and contingent claims.

Florida Statutes | Chapter 733 - PROBATE CODE: ADMINISTRATION OF ESTATES | Casetext. Florida Statutes. Title XLII - ESTATES AND TRUSTS.

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Dec 1, 2021 — Filing proper estate objections in a Florida probate is mandatory. A recent probate appeal discusses who can do this. Dec 2, 2021 — A formal probate proceeding often takes several months to complete. During this time, the decedent's assets remain under the control of ...Rule 5.407 - PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE (a) Petition. An interested person may file a petition to determine family allowance. (b) Contents. Apr 19, 2019 — Under this statute, the spouse and heirs can file a petition to claim up to $18,000.00 in available funds from the estate for their maintenance ... The Personal Representative or any interested person may file a written objection to any claim within four months of the first publication of notice to ... A family allowance is a portion of a decedent s estate that is set aside for certain family members regardless of what the will says. 732.403 Family allowance. ... The court may order this allowance to be paid as a lump sum or in periodic installments. The allowance shall not exceed a total of ... Refer to §732.403, F.S. If a recalcitrant personal representative refuses to pay the family allowance, the beneficiary may be able to recover her attorney's ... Aug 23, 2019 — FLORIDA PROBATE DEADLINES ; Petition for Exempt Property. if no will contest, then 4 months from service of Notice of Administration; if will ... Pay expenses of administering the probate estate. Pay statutory amounts to the decedent's surviving spouse or family. Distribute probate assets to ...

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Florida Objection to Family Allowance in a Decedent's Estate