What is an Affidavit of Heirs in Florida Probate?

Ronald G. Klein • December 30, 2024

What Is an Affidavit of Heirs in Florida Probate?

No one wants to think about what happens after they die, but having certain things in place — such as a Last Will and Testament — ensures that loved ones don't have to navigate through a legal mire for portions of a deceased person's estate. A will also defines who your heirs are — and consequently, who they aren't. People who die without a will in the state of Florida put upon their relatives the necessity of filing an Affidavit of Heirs to establish their eligibility to share in your estate. This is what you need to know about the Affidavit of Heirs.


Why Is an Affidavit of Heirs Required in Estate Administration?

States have laws that dictate what happens to a decedent's estates if they die without a will ("intestate"). When this happens in Florida, one of the decedent's heirs must start an action in the probate court and petition to be the personal representative of the estate in order to initiate the distribution of the property. If no one starts a claim, the decedent's property could end up being forfeited to the state. Additionally, the probate court process will be more drawn out and much less efficient without a claim. The court will not agree to appoint the petitioner as the personal representative until they also file the Affidavit of Heirs.


The probate court uses the Affidavit of Heirs to determine any eligible heirs. It can then divide the estate among the heirs in accordance with those laws. The fact that an individual's name appears in the list of heirs in an Affidavit of Heirs does not guarantee that this person will receive anything from the decedent's estate. The information in the Affidavit of Heirs is necessary, however, to ensure that no heirs who have a proper claim to a portion of the decedent's property are left out of the distribution process. Otherwise, there could be acrimonious disputes between family members in the future.


What Information Appears in an Affidavit of Heirs?


The Affidavit of Heirs — also called the Affidavit of Heirship — contains the following information about the decedent:

  • name
  • last known address
  • date and place of death
  • family history — marital and list of all known family members


The affidavit needs to clearly list the decedent's family members — would-be heirs. Family members aren't just those in the immediate family. In addition to parents and children, aunts, uncles, nephews, nieces, grandchildren, grandparents, and cousins should be listed. The affidavit should also explain how each listed heir is related to the decedent. If the children are not biological children of the decedent, the Affidavit should include the names of the actual birth parents of those children.


The document also needs to outline what is in the decedent's estate.


What to Do if You Need to File an Affidavit of Heirs

Completing an Affidavit of Heirs is a big responsibility. You will need to gather as much information as you can about what the decedent owns and what they owe. You may have to conduct property checks to find out if there are any encumbrances or claims against the property in the estate, whether there are creditors, and if so, who they are.


Because the affidavit needs to be as detailed as possible to assist the court in its determinations, you may need to conduct a reasonable level of investigation. Obviously, if you weren't privy to the decedent's private and financial affairs, the court will not expect you to wave a magic wand and obtain every scrap of information. The affidavit, however, must list known and unknown information. 


Can You Be the One Who Submits the Affidavit of Heirs?

Who can be the affiant? Clearly, the person submitting the Affidavit of Heirs should be an individual who is reasonably familiar with the decedent's family members and relatives. However, if you are one of the decedent's heirs and will (likely) be inheriting part of the decedent's estate, you should refrain from acting as the personal representative. You should also not be the one drafting, swearing, or submitting the Affidavit of Heirs. 


It makes sense if you consider the appearance of fairness, which a court is always concerned with. How would it look if the person asking the court to let them represent the decedent's estate stood to inherit a large chunk of that same estate? It could surely give the impression that, as the estate's representative, you had a vested interest in controlling how the estate was distributed. People might even wonder if you somehow influenced which heirs got what.


Why Should You Hire a Probate or Estate Lawyer

The death of a loved one is always difficult. That is to be expected. What many do not expect, however, is how acrimonious disputes over inheritance can become. That's why it is always a good idea to seek legal advice if a family member dies intestate. Whether or not relatives ask you to petition the court, to be the estate's representative, or to swear the Affidavit of Heirs, a lawyer experienced in probate cases can make sure that you do not compromise your legal rights and any entitlements you may have from the decedent's estate. 


If you are tasked with being the affiant — and agree to do it — an attorney can help you with the preparation and filing of the Affidavit of Heirs. Not only can they tell you what needs to be included in the affidavit, but they can help you figure out where to look for the information. In addition, the probate court will likely appreciate the assistance of a probate lawyer, as they can help the action proceed more efficiently. Or course, you can also hire a lawyer to help you write your Last Will and Testament to make the distribution of your estate smoother for your relatives.

Why an Attorney Should Review Every Contract Before You Sign It

June 29, 2023
Why an Attorney Should Review Every Contract Before You Sign It Contracts are an essential part of our lives, whether the contract we are signing is for a job, a property purchase, or even a service. When we sign a contract, we are bound by its terms and conditions. Even a small mistake or omission in a contract can lead to severe legal consequences and financial loss. Therefore, it is crucial to ensure that you understand every aspect of the contract before signing it, and it is wise to have an attorney review the contract on your behalf. In this article, we will explore why an attorney should review every contract before you sign it. Protection against legal disputes An attorney is an expert in the legal language used in contracts and is familiar with the laws that govern their interpretation. Their knowledge will prove invaluable when it comes to the effective drafting of your contract. They will ensure that the contract complies with relevant laws, and that it leaves no room for ambiguity. In essence, an attorney will protect you against future legal disputes by ensuring your contract is legally sound. Clarification of contract terms Contracts are usually written in legal jargon, which can be challenging to understand for non-legal professionals. An attorney will not only review the contract for its legal soundness, but they will also ensure that you understand every detail of the contract. They can clarify any terms that are confusing to you or explain the implications of specific provisions in simple terms. Negotiation of favorable terms An attorney can negotiate the terms of your contract, ensuring they are favorable to you. For example, if you are buying a property, they can negotiate for a lower price or the inclusion of additional clauses that protect your interests. They can also advise on what terms are non-negotiable or critical to include in the contract for your protection. Avoidance of pitfalls Contract language is often full of traps and hidden risks that could lead to significant financial loss or legal liability. An attorney can identify such pitfalls and advise you on what corrections to make or clauses to add to avoid them completely. With their legal expertise, they can help you avoid costly mistakes, giving you peace of mind knowing that your contract is legally sound. In conclusion, signing a contract without having an attorney review it is a risky endeavor. An attorney can protect you against legal disputes, clarify the contract's terms, negotiate for favorable conditions, and help you avoid potential pitfalls. At Klein and Fortune, P.A, we provide contract drafting and review services to Florida residents. If you require the services of a seasoned lawyer, don't hesitate to reach out. We have got you covered.

What Happens If You Die Without a Will in Florida?

April 30, 2023
What Happens If You Die Without a Will in Florida? Death is inevitable and the best way to ensure that your property and assets are distributed according to your wishes is to have a will in place. However, the reality is that many people die without a will, either because they don't think it's important, don't know how to do it, or simply procrastinate. Dying without a will poses serious consequences that may lead to disputes and lengthy court battles between your heirs. If you're a Florida resident, this blog post outlines what happens if you die without a will and the steps involved in drafting a will with the help of an attorney. If you pass away without a will in Florida, the state's intestacy laws will govern how your property and assets are distributed. Typically, your surviving spouse and children will inherit your estate, with the surviving spouse receiving the greater portion. If you have no surviving spouse or descendants, your estate will go to your parents, siblings, or other relatives, depending on the family tree. If you have no living relatives, the state of Florida will take possession of your property and assets, also known as escheat, which is something you can avoid by having a will. Drafting a will is not as difficult as you may think. It involves laying out your wishes for the distribution of your property and assets after your death. With the help of an attorney, you can create a legally binding document that names the beneficiaries of your estate, the personal representative to manage your affairs, and guardians for your minor children, if any. You can also specify how you want your debts and taxes to be paid, and include any special instructions or conditions for the distribution of your assets. A will can also give you peace of mind knowing that your assets will be distributed according to your wishes, and not left to chance. At Klein and Fortune, P.A., we can assist Florida residents with estate planning matters, including drafting a will. Our experienced attorneys can guide you through the process of creating a customized will that protects your assets and your loved ones. The first step is to schedule a consultation with us so we can discuss your objectives, answer your questions, and provide you with legal advice that is tailored to your situation. We will ensure that your will is valid under Florida law, and that it reflects your current wishes and preferences. By having a will in place, you can avoid the risks of intestacy and potential family conflicts. In addition to drafting a will, Florida residents may also benefit from other estate planning tools, such as a trust, power of attorney, and healthcare directive. A trust can help you avoid probate, minimize taxes, and protect your assets from creditors, while a power of attorney allows someone else to make financial decisions on your behalf if you become incapacitated. A healthcare directive, also known as a living will, outlines your medical wishes if you are unable to communicate. At Klein and Fortune, P.A., we offer comprehensive estate planning services that can help you achieve your objectives and protect your assets. Death is inevitable, but planning for it is essential. If you die without a will in Florida, the state's intestacy laws will determine how your assets are distributed, which may not align with your wishes. Drafting a will with the help of an attorney can ensure that your estate is distributed according to your preferences, and that your loved ones are taken care of. At Klein and Fortune, P.A., we are committed to helping Florida residents create an estate plan that protects their assets and their families. Schedule a consultation with us today to get started. 

What to Consider When Selling Your Business: Tips from Klein and Fortune, P.A.

March 31, 2023
What to Consider When Selling Your Business: Tips from Klein and Fortune, P.A. If you are a business owner in Broward County, chances are you have given some thought to selling your business. Whether you are ready to retire, want to try something new, or are looking for a fresh start, selling your business can be a complex and emotional process. At Klein and Fortune, P.A., we have helped countless business owners navigate the waters of a business sale, and we want to share some tips on what to consider when selling your business. Get your house in order Before putting your business on the market, you need to ensure that everything is in order. This includes your financial records, legal documents, assets, and liabilities. You should engage a lawyer, accountant, and other professionals to help you prepare for the sale. Having all your paperwork in order and ensuring that the business is in good shape will increase its value and make it more attractive to potential buyers. Determine the value of your business One of the most critical steps in selling your business is determining its value. This will involve calculating the current and future earnings of the business, its assets and liabilities, and any potential risks or liabilities. You will also need to consider market trends, the state of the economy, and the selling prices of similar businesses in your industry. Having a realistic and well-supported asking price will attract serious buyers and help you get the best deal. Find the right buyer Once you decide to sell your business, you need to find the right buyer. This could be a family member, employee, or competitor, or a complete stranger. Finding the right buyer will depend on your goals and preferences for the future of your business. You should consider factors like their ability to finance the purchase, their experience and skills, their reputation, and their cultural fit with your company. A thorough vetting process will ensure a smoother transition and the continuation of your business's legacy. Plan for the future Selling your business is a significant event that will inevitably have a ripple effect on your life. You need to have a plan for your finances, your retirement, and your personal and professional goals post-sale. You should also consider the impact on your employees, clients, and community, and ensure that they are taken care of in the transition. Planning ahead will make the process less stressful and more successful. Engage a professional team Selling your business is not something you should attempt to do on your own. It is a complex process that involves legal, financial, and emotional aspects. You should engage a professional team of lawyers, accountants, brokers, and other experts who can guide you through the process and ensure that you get the best deal. These professionals will understand the complexities of business sales and help you avoid common pitfalls. At Klein and Fortune, P.A., we understand that selling your business can be a daunting task. Our team of experienced business lawyers can help you navigate the process from start to finish, ensuring that you get the best deal and a smooth transition. Contact us today to schedule a consultation and discover how we can help you sell your business with peace of mind.

Selling Your Home in Broward County: What You Need to Know

February 28, 2023
Selling Your Home in Broward County: What You Need to Know Selling your home can be a daunting process, especially if you’re unfamiliar with the legal requirements and other factors that can impact the price of a property. At Klein and Fortune, P.A., we specialize in helping our clients navigate the complexities of selling their homes in Broward County, Florida. Whether you are a seasoned homeowner or just starting out, here is what you need to know when it comes to selling your house in Broward County. The Process for Selling Your House When it comes to selling your home in Broward County, there are several steps that must be taken. The first step is to hire an experienced real estate attorney who can help you understand the process and manage any potential legal issues that may arise. Once your attorney is on board, they will help you draft up a sales agreement which outlines all of the details regarding the sale of your home. It is important to note that this document must be signed by both parties (buyer and seller) before any money changes hands. In addition to drafting up a sales agreement, your real estate attorney can also assist with title searches and deed transfers. This step ensures that all necessary documents related to the property have been filed properly and that no liens or encumbrances exist on the property prior to sale. Additionally, they can also arrange for any necessary inspections or appraisals needed before closing on the house. Factors That Affect Price When it comes to pricing your home for sale there are several factors that come into play including location, size, condition of the property and market conditions. Location plays an important role in determining price as certain areas tend to fetch higher prices than others due to their desirability or proximity to amenities such as schools or shopping centers. Additionally, size matters too; larger homes tend to command higher prices than smaller ones unless they are located in undesirable areas or need extensive renovations prior to sale. Condition of the property is another factor that affects price; if a house needs major repairs then buyers may not be willing pay full price for it until those repairs have been completed; however if a house is move-in ready then buyers may be willing to pay more cash upfront for it depending on current market conditions at the time of sale. Selling a house can seem like an overwhelming process but with guidance from an experienced real estate attorney like Klein & Fortune P.A., it doesn’t have too many pitfalls along the way! Our attorneys are well versed in navigating through all aspects of the home buying/selling process in Broward County so you don’t have too! With our legal assistance, you’ll be sure that everything goes smoothly during one of life’s biggest investments! Contact us today for more information about how we can help make selling your home simpler! 

Knowing When to Contest a Will or Trust in Florida

January 26, 2023
Knowing When to Contest a Will or Trust in Florida A will and trust are important legal documents that detail how an individual’s estate should be divided once they pass away. If a person wants to contest the contents of a will or trust, however, it’s important to understand the legal grounds for doing so. At Klein & Fortune, P.A., we offer estate litigation services in Broward County, Florida and have put together this guide to help you understand when you can contest a will or trust. The Grounds for Contesting a Will in Florida In Florida, there are several legal grounds on which someone can contest the contents of a will. These include: Lack of Mental Capacity – To create a valid will, the testator (the individual who created the will) must have been mentally competent at the time of creation. If a person believes that the testator was not mentally capable at the time of creation, due to senility or dementia for example, then they may be able to contest it on those grounds. Undue Influence – If a third party had too much influence over the testator at the time of creation and unduly influenced them into making certain decisions about their estate then this could provide grounds for contesting the contents of the will. Fraud or Forgery – If any part of the will has been forged or if any fraudulent activities occurred during its creation then this could provide grounds for contesting its contents. Incorrect Execution – For a valid will in Florida, it needs to be signed by two witnesses in addition to being signed by both parties involved in creating it. In addition, all parties involved must sign before witnesses and acknowledge that they are signing their own free act and deed (without coercion). If any part of this process is incorrect then it could provide grounds for contesting its validity. The Grounds for Contesting a Trust in Florida In general terms, many of these same rules apply when someone wants to contest a trust as well as when they want to contest a will. The main difference is that with trusts specifically there are also additional rules regarding capacity and undue influence which need to be considered before taking steps towards challenging one. As such, it’s important that anyone considering challenging either document consults with an experienced lawyer first so they can ensure their case is legally sound from start to finish. Understanding when you can legally challenge either an existing will or trust can be complicated without professional guidance from an experienced lawyer like those at Klein & Fortune, P.A.. Our team provides comprehensive estate litigation services throughout Broward County, Florida and can help you determine whether your case meets all necessary criteria under local law before proceeding further with your claim. Contact us today if you wish to discuss your situation further with our expert team here at Klein & Fortune P.A.. We look forward to hearing from you soon!

Paperwork and Real Estate: The 3 Most Important Documents

November 30, 2022
Paperwork and Real Estate: The 3 Most Important Documents A real estate transaction involves well-defined steps, and each part of the process is accompanied by specific documents. Both buyers and sellers may find the amount of paperwork overwhelming. However, it is necessary to put everything in writing and provide supporting documentation to ensure every phase goes smoothly. Many people are involved in real estate transactions. In addition to agents and brokers, inspectors and appraisers, mortgage lenders, title companies, and lawyers are involved in the process. These professionals will either supply or request different types of paperwork. However, the most important documents in real estate are offers, agreements, and contracts between the buyer and seller. Here is a look at the three most important documents you will encounter when buying or selling a property in Hollywood, Florida. The Initial Offer When you are interested in purchasing a property, your first interaction with the buyer is the initial offer (or offer letter). This paper will include the amount you are willing to pay for the property, but it will also have other important information. If you are a buyer working with a real estate agent, they will handle most of the paperwork, but you will have to approve the details and sign the document. Here is a look at the information in an initial offer. You should include the seller's name and the legal address of the property. You will also need to include your legal name and the names of anyone else purchasing the property should the sale go through. This could be a spouse, partner, or other investors. You also need to mention the purchase price and information about the down payment amount. Are there any actions you need the seller to take before the sale? For example, you could list repairs or maintenance you expect. The document will also list the date you would like to close on the property. You will also mention a preferred timeline for a response to your offer. State laws differ, so there may be other requirements. A lawyer or real estate agent in [CITY, COUNTY, STATE] can ensure you include these details in your initial offer. Typically, you make the initial offer after being pre-approved for a mortgage. Most sellers require that you have funding in place before they accept the offer, though some may accept a contingency that requires mortgage approval before the sale goes through. The seller can accept or decline the offer, or they can draft a counteroffer. The document can include a different price for the property and changes to other details, such as the closing date or contingencies. The buyer and seller can choose to continue counteroffers until they reach an agreement on all the details. Purchase Agreement Once both parties accept an offer, it is time to draft a purchase agreement. This document is essential because it spells out all the details of the property and other important information about the sale. The purchase agreement is a legal document that becomes enforceable once it is signed by both buyer and seller. Therefore, it is essential to make certain all the details are correct. You can enlist the help of a lawyer to ensure the document includes everything necessary to protect your rights during the sale. Here is the information you can expect in a purchase agreement. The agreement must have a detailed description of the property, including location, dimensions, and condition. You should also include a date for the closing and all fees associated with the closing. You will also mention the selling price and information about a down payment. The purchase agreement should also provide a detailed description of any contingencies that both buyer and seller agreed to during negotiations. Common contingencies include having the home pass a final inspection or appraisal, the buyer getting final approval for a mortgage, or specific repairs getting completed. The seller needs to make disclosures on the purchase agreement. These are any known problems on the property. These issues could include past flooding or storm damage, septic tanks or wells on the property, or other issues like mold, radon gas, or lead paint. Once the buyer and seller sign the document, it is legal and enforceable, and the sale is set to go ahead as long as contingencies are met. The Deed All other real estate documents lead up to the transfer of the deed. The party holding the deed is the legal owner of the property. The deed includes the name of the buyer and seller and a detailed description of the property. Most importantly, the deed must contain proper legal language that conveys the transfer of property. A lawyer or title company typically handles this aspect of the deed to ensure it is legal. Finally, the seller (known as the grantor in legal terms) must sign the document and deliver it to the buyer. However, if a property has more than one owner, the other owners must sign, too. Technically, the transfer of property isn't officially complete until the buyer (known as the grantee in legal terms) accepts it. In most cases, this is merely a formality, but there could be some instances where the buyer rejects the deed. Other Supporting Documents These are the three most important documents needed for a real estate transaction. However, other paperwork is also necessary. Sellers need documents about the condition of the home, including inspection, maintenance, and insurance records, while buyers will need the financial records necessary to obtain a mortgage. These can include tax returns, bank and investment statements, and pay stubs. The transaction process will include inspection and appraisal reports that provide information about problems and the property's value. Do You Need a Real Estate Lawyer?  A real estate lawyer in Hollywood, Florida can help you with the legal details of buying or selling a home. This is the largest purchase and most important investment most people will ever make, so it is essential to get all the details right to avoid any issues later. Contact our legal firm if you need help buying or selling your property.

What to Expect in Filing a Law Suit?

By Ronald Klein • June 30, 2022
A civil lawsuit is a court-based process that addresses allegations of wrongdoing. It involves two parties: the plaintiff, the person or group that files the suit, and the defendant, the person or group accused of wrongdoing. A civil case begins when the plaintiff claims that the defendant has failed to carry out a legal duty. Many different types of wrongdoing can lead to a civil suit. Examples can include personal injury, a contract breach, a wrongful eviction, sales of unsafe products, unfair business practices, or professional malpractice. Unlike criminal cases, during which prosecutors seek punishment for a criminal act, a civil case aims to deliver compensation to the plaintiff. If the court rules against the defendant, they have to pay compensation or perform specific actions that fix the wrongdoing. If (like most plaintiffs) you are filing a civil lawsuit for the first time, you are probably unsure of what to expect. While the details of each case can vary considerably, there is a well-defined process for most civil cases. A lawyer can aid you when it comes to taking the correct steps and ensuring the best chance for a favorable ruling. The Stages of a Lawsuit for a Plaintiff Here is what you can expect after you decide to file a lawsuit. The Complaint The first step in the process involves drafting and filing a complaint against the defendant. This document outlines your version of events and describes how the defendant’s actions caused damage. It also includes the amount of monetary compensation or other remedies you are seeking. The complaint gets filed with the clerk of the appropriate court. A lawyer can help you ensure you select the correct jurisdiction. After this, the court creates a case file, assigns it a case number, and provides the defendant with the complaint and a summons to appear in court. Defendant Response After receiving the complaint, the defendant is required to respond with their version of the events. The court will give them a set amount of time in which to reply. In the answer to the complaint, the defendant may admit or deny the plaintiffs’ claims or offer counterclaims. In some instances, they can also name others as defendants. The defendant’s answer may also ask the plaintiff to clarify or correct parts of the complaint. They can also request that the court dismiss all or part of the lawsuit and give reasons or evidence for the dismissal request. The Scheduling Order  After the complaint has been filed and answered, the judge assigned to the case will issue a scheduling order. This document will set up a timeline for the exchange of information between the parties, make deadlines to file motions for the case, and set a date for the first hearing. Discovery Discovery allows both parties in a civil lawsuit to request and obtain relevant information from each other. The court provides specific guidelines for the disclosure of this information. If one party fails to respond to the other’s request, that party may file a motion to force the release of the information. During discovery, the plaintiff, defendant, witnesses, and experts may be asked to provide testimony under oath. Additionally, lawyers can gather information through written questions known as “interrogatories.” All the information collected during discovery can be used during litigation unless one party files a motion to keep the other from using it. The judge will then decide whether or not the information in question can be a part of the case. Motions Motions involve formal requests by either party asking the judge to make specific decisions about the case. In a civil case, many motions include a request for dismissal of all or part of the case. They can also request the inclusion or exclusion of a particular piece of information or evidence. Usually, motions include a written brief that explains the legal argument for the request. The motion can also include supporting evidence or statements. The opposing party has a chance to see the motion before it gets submitted to the judge. The judge will consider the brief and evidence and either issue a decision immediately or schedule a hearing so that the two parties can present oral arguments about the motion. The judge will then issue a decision. Case Evaluation and Settlement Options In some states, civil cases get referred to a panel of legal experts who perform a case evaluation. They weigh the facts and decide if the arguments have merit. They can also issue a decision about what they think is a fair settlement amount. After the panel gives their decision, the two parties can decide whether or not to accept the decision or if they would still prefer to argue the case before a judge. The plaintiff and defendant can also agree to settle the matter out of court, either with or without a case evaluation. In some cases, they may decide to use a third-party mediator to help negotiate a fair settlement. These steps aim to get a resolution without going through with the additional time and expense of a trial. Trial and Judgment If the parties do not settle the dispute out of court, the case goes to trial. Depending on the case, the final decision could be made by a judge, a panel of judges, or a jury. During a trial, both parties get to present their cases. Typically, attorneys will represent the plaintiff and defendant and argue on their behalf. The plaintiff always goes first in a civil trial, and the defendant then has a chance to respond to the claims and evidence. In civil trials, the onus is on the plaintiff to prove wrongdoing. After both sides present their case, the judge or jury makes the final decision. If the defendant is guilty of wrongdoing, the court will also issue a rule about the amount of monetary compensation or other types of restitution that the defendant must make. Appeal If you are not satisfied with the verdict, you have the right to appeal the decision. The defendant has this same right. In an appeal, another judge revisits the first court’s decision. Lawyers can file additional briefs to explain why they think the original judgment should be affirmed or reversed. The appellate court judge will then issue a ruling. Despite the well-defined steps for filing a lawsuit, it is usually best to rely on a lawyer with experience in civil court to help you navigate the case and give you the best chance for your desired outcome.
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