Question 1

Can I just register my out-of-state guardianship in Florida?

Accepted Answer

No. Unlike states that have adopted the UAGPPJA, Florida does not have a registration or transfer mechanism. You must petition for a new guardianship.

Question 2

Do I need to hire an attorney in both states?

Accepted Answer

In most cases, yes. You need a Florida attorney to file the new guardianship petition, and you may need your original state’s attorney to close the existing guardianship and provide certified copies.

Question 3

What if my loved one’s condition has worsened since the original guardianship?

Accepted Answer

The Florida examining committee will evaluate the ward’s current condition. If the original guardianship was limited but the ward’s incapacity has increased, the Florida court may appoint a plenary (full) guardian with broader authority.

Question 4

Is my business's financial information private during probate?

Accepted Answer

Yes, with conditions. Under F.S. §744.309, certain non-resident relatives can serve as guardian. However, living in Florida makes the process significantly simpler.

Question 5

How long does probate take in Florida for a business?

Accepted Answer

Typically, formal administration in Florida takes 9 to 18 months. However, if there is a dispute among shareholders or family members, it can last for years, often leading to the eventual insolvency of the business.

Question 6

Can a Florida LLC avoid probate?

Accepted Answer

Yes. An LLC can avoid probate if the Operating Agreement includes specific language regarding the transfer of membership interests, or if the membership interest is owned by a Living Trust.

Question 7

Who runs my company while the court is processing my Will?

Accepted Answer

Until the court issues "Letters of Administration" to a Personal Representative, your company may have no legal signer. This is why having a "Successor Manager" named in your corporate documents is vital.

Question 8

Is my business's financial information private during probate?

Accepted Answer

No. Once a business enters probate, its inventory and valuation become part of the public court record. Anyone, including competitors and creditors, can access these files.

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