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Florida Probate: No Contest Clause In a Florida Will
One of the most interesting things about estate planning that people often forget is that you can say whatever you want in your will. It can be the ultimate last word. A separate question is what effect, if any, your words may have on the disposition of your estate....
The Elective Share in Florida Probate: “I Divorce Thee, I Divorce Thee, I Divorce Thee”
In Florida, getting a divorce is not as easy as simply saying “I divorce thee; I divorce thee; I divorce thee.” Similarly, disinheriting your spouse is not as easy as simply writing them out of your will. Although it is widely accepted than an individual has the...
Florida Probate: What is Florida’s slayer statute?
The Florida slayer statute prevents a person whose actions resulted in the death of another person from receiving any assets from the victim’s estate. This means if a person murders another person, the murderer is not entitled to receive any property under the...
Florida Estate Planning: Why should I avoid probate?
Most of the work by Florida estate planning attorneys is guiding and assisting clients avoid having their assets go through a Florida probate administration. Sometimes, depending on what needs to be done, the cost of arranging your assets and drafting the required...
Estate planning for your furry best friend
If you are like millions of other Americans, the likelihood that you have a pet is substantial. Although generally considered part of the family, legally pets are considered “property,” and can be accounted for during estate planning. Since pets are considered...
Types of Trusts: Which one is right for me?
So, you may be thinking of creating a trust. You may or may not know, but many different types of trusts exist. Revocable, Irrevocable, Asset Protection, Gun, Qualified Income, the list goes on and on. I know, it sounds overwhelming. Before I ever worked in a law...
Heirs and Descendants in Florida
You’ve probably heard the word “heir” frequently. Whether it’s the “heir to the Hilton fortune” or what role the “heir apparent” would have in the recent royal wedding. The word often accompanied by modifiers to precisely describe what type of heir. In this post, we...
Florida Probate: When does protected homestead lose its protection from creditors?
In Florida, if the house that the decedent (person who passed away) lived in at the time of his or her death is passed to a family member (an heir), typically the property is exempt homestead. This means that the property cannot be forced to be sold in order to pay...
Florida Civil Litigation: What is the time to answer a complaint in Florida?
If you are named as a defendant in a Florida civil case, you will eventually be served with a complaint for that case. When you are served with the complaint, it is important that you answer the complaint within the time period allowed by the Florida Rules of Civil...
Foreclosure and Florida Probate Administrations
There are frequent instances in Florida probate cases where real property (land or a home) is encumbered by a mortgage and may go into foreclosure if the property is not sold or refinanced. In these situations, beneficiaries, heirs, and personal representatives are...
Florida Probate For Non-Florida Resident
Probate is usually required whenever a person who owns property passes away. Several factors determine whether probate is necessary, and where those proceedings should be carried out. In the case of real property it depends on where the property is located and how it...
Florida Probate: How long does a probate administration take?
If you are involved in a Florida probate case, you may be concerned with the length of time that a probate administration will take from start to finish. Many factors can affect the length of a Florida probate administration. The number of creditors, type of...
If there’s (not) a will, is there a way?
Most people have heard of a will, and know that its important, yet 64% of Americans do not have a “Last Will and Testament.” There’s many reasons people do not have a will, which may include: not fully understanding what a will is, a lack of desire to make a will, the...
Understanding Legal Consideration
Business Law and Contracts: What is Consideration? Consideration is needed when drafting deeds transferring property. A deed is basically a contract, and to make the contract valid, an exchange of something of value needs to occur. This exchange of something of value...
Florida Probate: Underwater Assets
Last week an article was making the rounds about extremely long financing agreements for vehicles. These are looking more and more like mortgages. Except, unlike mortgages on real property, motor vehicles generally depreciate rather than appreciate. During a Florida...
Florida Probate: What duty does a personal representative have when selling assets of the estate?
If you are named the personal representative in a will, or if you are a beneficiary or creditor involved in a probate case, you may have concerns about what duties a personal representative has when selling assets of the probate estate. If you are a beneficiary, you...
Florida Probate: Do I own my parents’ house after they passed away?
Our firm receives many calls from people saying that the person thought he or she owned his or her parents’ house, but after some investigation, the person does not own the house. The person discovers this problem when they go to sell the property and he or she finds...
Florida Probate: Summary Administration or Formal Administration
Probate in Florida provides allow the court to use summary procedures in some cases. In our practice area page about the Florida probate processes we describe how an estate can qualify for summary administration. One of the defining characteristics of our firm is that...