Changes To Probate Notice Requirements; Personal Representative Conflicts And Attorney’s Fees

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Effective October 1, 2020, the probate laws relating to notice of administration, notice in probate proceedings, personal representative conflict of interest, and compensation of an attorney who serves as a personal representative have been updated.

The new law:

– Defines precious metals such as bullion or coins as tangible personal property;

– States that formal notice is sufficient for the court to acquire jurisdiction over a person for determining their rights to estate property; however, formal notice is insufficient to invoke the court’s personal jurisdiction over the person receiving notice;

– Requires that the notice of administration served on a surviving spouse inform the surviving spouse that he or she may petition the court for an extension of time to choose the elective share;

-Requires additional notice of administration language to provide notice that a party may waive his or her right to contest a trust referenced in a will if he or she fails to timely contest the will;

– Renders voidable any sale or encumbrance to a corporation, trust, or other entity in which a personal representative or his or her spouse, agent, or attorney has a substantial beneficial or ownership interest; and

– Prohibits an attorney, or person related to the attorney, from receiving compensation for serving as personal representative or trustee if the attorney prepared or supervised the execution of the will or trust, unless the attorney is related to the client; or makes certain disclosures to the client in writing before the will or trust is signed.

Barry Miller Law is familiar with all aspects of real property law. If you, or someone you know, has legal questions concerning real estate, business or probate law, contact Barry Miller Law for assistance at 407-423-1700 or email us at [email protected] for a consultation.

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