Rules Were Meant to be Broken (Fla. Prob. R.)
Shall now include a statement affirming having reviewed the statues relating to requirements for appointment, qualified to serve, and has a continuing duty to file and service notice upon a disqualify event.
What is Oath of Personal Representative (Fla. Prob. R. 5.320)?
Decedent was survived by a spouse and decedent was survived by descendants, and decedent's entire interest did not devise outright to spouse and there was not a waiver of spousal rights.
What is spousal life estate with a remainder in fee simple to descendant's in being (Kelley's Homestead Paradigm)?
The personal needs allowance for a Medicaid Recipient receiving HCBS in-home services.
What is $2,349.00 (SSI-Related Program and Coverage Group – Financial Eligibility Fact Sheet)?
Now required for your client, the testator, when you are the drafting attorney and you, someone in your firm, or someone related to you or someone in your firm is designated as personal representative.
What is written disclosure (Fla. Stat. 733.617)?
Time and labor required, novelty and difficulty of the questions involved, skill required to perform the services properly, and fee customarily charged in the locality for similar services are just a few.
What the court shall consider in determining fees for a guardian or an attorney (Fla. Stat. 744.108)?
Directed to a person to take the oath of a witness to prove the will and certify the oath and file the same.
What is a Commission to prove a will (Fla. Prob. R. 5.230)?
Permissive proceeding often required by title insurance that will not alter a valid devise?
What is a proceeding to determine homestead status (Mullins v. Mullins, 274 So. 3d 513 (5th DCA 2019)?
Abrogated by Connor v. Southwest Florida Regional Medical Center.
What is the doctrine of necessaries (668 So. 2d 175 (1995))?
All hearings on appointment of a guardian; adjudication of incapacity; modification, termination, or revocation of the adjudication of incapacity; or restoration of capacity.
What are hearings that must be electronically or stenographically recorded (Fla. Stat. 744.109)?
Initial pleading in probate or guardianship proceeding provided under oath or affirmation taken or administered before an officer authorized under Fla. Stat. 92.50 or Fla. Stat 117.10; or by the signing of the prescribed written declaration . . . "under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true."
What is a verified petition (Fla. Stat. 92.525)?
Shall now include the mailing address, phone number, and email address of the guardian, as well as residence address if an individual or office address if corporate/public.
What is the Annual Guardianship Reports, plan and accounting (Fla. Prob. R. 5.695)
Up to 160 or 1/2.
The amount of acreage (outside municipality/inside municipality) that can qualify for homestead exemption from forced sale, judgment, etc. (Fla. Const. Art. X, Sec. 4)?
A non-attorney drafting a Qualified Income Trust or Personal Services Contract (per Florida Supreme Court Advisory Opinion).
What is unlicensed practice of law (Florida Bar Advisory Opinion – Medicaid Planning Activities by Nonlawyers, 183 So. 3d 276 (Fla. 2015))?
Any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the ward, the judge presiding over the case, any member of the appointed examining committee, any court employee involved in the guardianship process, or the attorney for the ward.
What a guardian may not have without prior court approval, unless existed prior to appointment whereby still must be disclosed (Fla. Stat. 744.446)?
Campbell, Coleman, Corvo, Ficarrotta, Hall, Economou, Ruhl, Stearns, Williams . . . Honorable they are . . .
Who are the current probate judges of the 6th, 12th, and 13th Circuits?
Shall now include a statement whether person has been convicted of a felony, is physically/mentally able to perform, is 18 years of age, and is a resident of Florida or of qualifying relation.
What is the Petition for Administration (Fla. Prob. R. 5.200(k)?
Consideration allowed for the deed transfer of any interest in homestead property between spouses that avoids the payment of doc stamps.
What is the amount of mortgage or other lien encumbering the homestead property at the time of the transfer or conveyance (Fla. Stat. 201.02(7)(b))?
The number of levels of prioritization on the Medicaid HCBS waiting list.
What is eight (Florida Administrative Code 59G-4.193)?
The court must hold a preliminary hearing within 72 hours after the petition is filed, and rule on the relief requested immediately thereafter or conduct an evidentiary hearing no later than 4 days later an rule immediately thereafter.
What is in an exigent circumstances where a guardian seeks approval to sign an order not to resuscitate (Fla. Stat. 744.441)?
The two advanced directives that require two witnesses, one of which must be neither a spouse nor blood relative.
What are the living will and the designation of health care surrogate (Fla. Stat. 765.302 and Fla. Stat. 765.202)?
A standby guardian may be petitioned for appointment for them.
Who are a minor or an incapacitated person (Fla. Prob. R. 5.646 see committee notes ref Fla. Stat. 744.304)?
One-year residency and equity interest.
What are the conditions to transfer homestead to a sibling without incurring a penalty (DCF Program Policy Manual 1640.0609.04)?
The date Florida implemented the Deficit Reduction Act of 2005 or "DRA".
What is November 1, 2007 (Florida Administrative Code 65A-1.712(3))?
Bullion, coins, and the like kept for their historical or investment value apart from use for legal tender, as treated nowadays versus before.
What is tangible personal property (Fla. Stat. 731.1065)?
A vulnerable adult, a guardian of a vulnerable adult, a person or organization acting on behalf of and with the consent of a vulnerable adult or guardian thereof, or a person who simultaneous files a petition to determine incapacity and petition for appointment of emergency temporary guardian.
Who may file an injunction for protection of a vulnerable adult (Fla. Stat. 825.1035)?