C. Randolph Coleman

C. Randolph Coleman

The Coleman Law Firm, PLLC
  • Estate Planning, Probate, Elder Law...
  • Florida
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Summary

The Coleman Law Firm combines 30+ years of experience, concern for the individual client, responsiveness to clients needs, reasonable fees, a focus on the client's objectives by listening carefully to the client's wants and needs, and a commitment to excellence, compassion and sensitivity for family dynamics and relationships.

C. Randolph Coleman, entered private law practice in 1978, after six years as a Certified Public Accountant. His practice is limited to estate planning, Elder law, asset protection planning, probate and trust administration. He is a member of The Florida Bar (Real Property, Probate and Trust Law Section, Elder Law Section.

Mr. Coleman is a frequent lecturer and speaker on estate planning and asset protection planning. He co-authored "Asset Protection Techniques in Florida," National Business Institute (2004); and authored Family Limited Partnerships in Florida (Chapter: “The Use of Family Limited Partnerships in Estate Planning”), National Business Institute (2002); "Key Issues in Estate Planning and Probate in Florida" (Chapter: “Protecting the Passage of Wealth”), National Business Institute (1997); "Advanced Estate Planning Techniques in Florida" (Chapter: “The Use of Family Limited Partnerships in Estate Planning”) National Business Institute (1995).

Mr. Coleman is a graduate of the University of Florida (BSBA ‘72) and the University of Florida College of Law (JD, with honors ‘78).

Mr. Coleman and The Coleman Law Firm are listed in the Martindale-Hubbell® Bar Register of Pre-Eminent Lawyers, which lists only those select lawyers who have earned the A-V® Rating in the Martindale-Hubbell Law Directory and have therefore been designated by their colleagues as pre-eminent in their field. He also has been designated one of the Best Lawyers in America - Trusts and Estates, by Best Lawyers, reflecting his peers reviews that he is in the top 5% of private practice lawyers.

Practice Areas
  • Estate Planning
  • Probate
  • Elder Law
  • Business Law
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Florida
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Professional Experience
Managing Attorney
The Coleman Law Firm, PLLC
- Current
Estate planning, asset protection, wills, trusts and estates, probate, elder law, Medicaid planning, guardianship, and small business law.
Partner
Finley, Kumble, Wagner, Heine, Underberg, Manley and Case
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Partner-commercial litigation, securities litigation, trademark litigation, estates and trusts litigation.
Associate Attorney
Mershon, Sawyer, Johnston, Dunwody & Cole
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Associate attorney in litigation department: commercial litigation, securities litigation, antitrust litigation, banking litigation, estates and trusts litigation.
Education
University of Florida
J.D.
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Honors: JD with Honors, Phi Kappa Phi, Florida Blue Key, Omicron Delta Kappa, AmJur Awards for Excellence: Corporations; Commercial Paper
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University of Florida
B.S. | Accounting/Economics
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Honors: Beta Alpha Psi
University of Florida Logo
Awards
Best Lawyer - Trusts and Estates
Best Lawyers in America
This award reflects a rank amont the top 5 percent of private practice attorneys nationwide as determined purely by peer evaluation. Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising more than 8.2 million confidential evaluations by top attorneys.
Lead Counsel Designation
Lead Counsel
When you see the Lead Counsel Rating, you can be assured an attorney meets objectively strict quality assurance standards, and is worthy of your trust and confidence.
AV Peer Review Rating
Martindale-Hubbell
Martindale-Hubbell® Peer Review Ratings™ recognize lawyers for their strong legal ability and high ethical standards. Individuals seeking legal counsel, as well as attorneys looking to refer a colleague, use these ratings to identify, evaluate and select the most appropriate lawyer. An elite group of approximately 10 percent of all attorneys holds an AV Preeminent Rating, a designation trusted worldwide by buyers and referrers of legal services.
AV Peer Review Rating
Martindale-Hubbell
Professional Associations
ElderCounsel, LLC
Member
- Current
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Academy of Flroida Elder Law Attorneys
Member
- Current
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National Association of Elder Law Attorneys
Member
- Current
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WealthCounsel, LLC
Member
- Current
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Florida State Bar # 261912
Member
- Current
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Speaking Engagements
Estate Planning and Long Term Care Planning, Pre-Retirement Counseling, Jacksonville, Florida
US Army Corps of Engineers
Estate Planning and Long Term Care Planning, Pre-Retirement Counseling, Jacksonville, Florida
US Army Corps of Engineers
Estate Planning and Long Term Care Planning, Pre-Retirement Counseling, Jacksonville, Florida
US Army Corps of Engineers
Advanced Estate Planning Techniques in Florida, Key Issues in Estate Planning and Probate in Florida - Continuing Legal Education Seminar, Jacksonville, Florida
National Business Institute
Key Issues in Estate Planning and Probate in Florida, Key Issues in Estate Planning and Probate in Florida - Continuing Legal Education Seminar, Jacksonville, Florida
National Business Institute
Family Limited Partnerships in Florida, Family Limited Partnerships in Florida - Continuing Legal Education Seminar, Jacksonville, Florida
National Business Institute
Asset Protection Techniques in Florida, Asset Protection Techniques in Florida - Continuing Legal Education Seminar, Jacksonville, Florida
National Business Institute
The New Florida Trust Code, The New Florida Trust Code - Continuing Legal Education Seminar, Jacksonville, Florida
National Business Institute
Pet Trusts and Animal Law, The Florida Bar Convention, Boca Raton, Florida
The Florida Bar
Pets and Pet Trusts, The Florida Bar Convention, Orlando, Florida
The Florida Bar
Websites & Blogs
Website
Website
Website
Qualified Income Trusts in Florida
Blog
Florida Estate Planning and Asset Protection
Legal Answers
4 Questions Answered

Q. 2 sisters inherit a house from their father, it goes through probate court and both sisters names are on the deed.
A: If the deed provides that the sisters own the house as "joint tenants with right of survivorship" or "JTWROS", then the deceased sister's share automatically, by operation of law, transferred to the surviving sister at the death of the deceased sister. Otherwise, the deceased sister's share must be probated pursuant to the Florida Intestacy Statute since there was no will. If there was a will, then the deceased sister's share would transfer as provided in the will.
Q. Do i have to pay off my sibling's final judgement before I can sell the condo she transferred after her death?
A: If the condo was your sister's homestead from 2015 until her death, then no lien attaches to it other than a mortgage lien, a tax lien, or a mechanic's lien. So, if the property was her homestead, the judgment lien did not attach to the homestead property. Here's the Constitutional provision, along with the implementing statute: The Florida Constitution, Article X, Section 4., provides: SECTION 4. Homestead; exemptions.— (a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person: (1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner’s consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner’s family; Florida Statutes, Section 222.01 provides the method for setting aside the real property that constitutes homestead. If the condo was not her homestead, or if she abandoned it as her homestead before her death, then the judgment lien attaches and it must be paid before the real property can be transferred.
Q. Can a home of a deceased without a will be sold without probate?
A: If the home was titled in the name of the decedent, ownership of the property may have passed to the decedent's surviving spouse, or to his heirs at law, depending on whether the home was his homestead, i.e., his primary residence at the time of his death. The Florida Constitution has a number of provisions regarding what happens with homestead property at the death of the owner. Usually, it is necessary to have a probate proceeding to have a court determination of whether the property constituted homestead under Florida law. If it was homestead, and therefore exempt from the claims of creditors, other than consensual liens on the home, the home legally passed to the intestacy heirs at the time of the decedent's death. But, it will be difficult, if not impossible, for a further transfer of the home until two years after the death of the decedent, unless there is a probate proceeding to determine that it is homestead, and free of all creditor claims other than mortgages. The first step is to consult with an experienced probate lawyer to determine whether it was homestead, and then to determine who the intestacy heirs are in his particular situation, and then, the third step is to determine whether the rightful owners are going to try to sell the property immediately. The answers to those questions, with appropriate guidance from an experienced probate attorney will help you do things according to Florida law.
Q. Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .
A: Under Florida law, the proper party to file a wrongful death action is the personal representative (executor) of the deceased person's probate estate. If the deceased person had a last will and testament, then she would have identified the person who is to serve in the capacity of personal representative in the will. That person has preference, absent unusual circumstances. If there is no will, then the probate statute designates who is to serve as the personal representative of the estate. The spouse is the statutory preference, then the children, then other family members. Any person who is nominated as personal representative, either by will or by statute, can decline to serve by signing and filing with the probate court a waiver to serve in that capacity. Absent a waiver, the probate court can be asked to disqualify someone with the statutory preference (the surviving spouse in this case) for cause. Cause would include whether the nominated person has been convicted of a felony, has a history of bankruptcy, is mentally or physically incapable of serving as personal representative, or has an interest adverse to the beneficiaries of the estate. The beneficiaries of the estate will depend on whether there was a will. If there was a will, then the beneficiaries that are named in the will are the beneficiaries of the estate. If there was no will, then the beneficiaries are determined by the intestacy statute. If the husband was married to her at the time of her death, and the children are the children of both husband and wife, then the surviving spouse is entitled to the estate. If the children are minors (under 18 years of age), or if the children are the wife's but not the husband's children, then one half the estate goes to the surviving spouse and one half to the children. The exception to the above distribution is in a wrongful death action. The trial court in a wrongful death action has the authority by statute to determine the equitable allocation of wrongful death proceeds among the various beneficiaries. So, for instance, upon a proper evidentiary showing, the court could determine that because of the nature of the relationship between the deceased and the surviving spouse, that the surviving spouse will get a proportionately smaller (even none) of the wrongful death proceeds. This might happen if the surviving spouse was a contributing cause of the death, or otherwise it would be inequitable to allocate the wrongful death proceeds to the surviving spouse. You are dealing with a particularly difficult area of the law. I strongly encourage you to seek independent counsel to represent the interest of the children in this case. Good luck.
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Contact & Map
Main Office
10161 Centurion Parkway, N
Suite 310
Jacksonville, FL 32256
USA
Toll-Free: (866) 510-9099
Telephone: (904) 448-1969
Fax: (904) 448-5244
The Coleman Law Firm, PLLC
329 Palm Coast Pkwy SW, Ste 4
Palm Coast, FL 32137
USA
Toll-Free: (866) 510-9099
Telephone: (386) 585-7004
Fax: (904) 448-5244