Law Offices of James W. Mallonee, P.A.
Port Charlotte 941-206-2223
Venice 941-207-2223
Helping individuals & families across Florida with their legal matters since 2005

Category Archives: Probate

Notice of Administration – Why It Is so Important

By Law Offices of James W. Mallonee, P.A. |

If you have ever experienced the administration of an estate, your attorney has probably advised you on the necessity of serving a Notice of Administration on all interested persons of a decedent’s estate. The real question is who should be served with such notice and what purpose does it serve. The main purpose of… Read More »

Are Your Ira’s Exempt from Creditors – Maybe and Maybe Not

By Law Offices of James W. Mallonee, P.A. |

The Florida Legislature created Florida’s statute Chapter 222 which lists a variety of exemptions from creditor claims. One of those exemptions is to protect individuals IRA’s under a plan that qualified for 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, s. 409, s. 414, s. 457(b), or s. 501(a) status under Federal code…. Read More »

Personal Representatives – Who May Serve

By Law Offices of James W. Mallonee, P.A. |

If you ever had a Will prepared for you there is moment when you are asked who you would prefer to serve as the personal representative (sometimes called executor) of your estate. A personal representative is the person who will administer your estate following your death. What is sometimes forgotten is that the person… Read More »

The Importance of the Residuary Clause in a Will or Trust

By Law Offices of James W. Mallonee, P.A. |

Suppose you have a Will that devises specific property you own to an individual, but does not include a residuary paragraph directing your personal representative to gift your remaining property to others or entities. What happens to your remaining property not specifically given away to an individual. Under Florida’s probate law, a person’s Last… Read More »

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