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With the popularity of “avoiding probate” seminars, books and do-it-yourself guides that flooded the State of Florida over the past decades it is little wonder that our state has seen a dramatic increase in Trust Litigation. Trusts can be great estate planning tools. This article is meant to provide a basic overview for those brave… Continue reading Florida Trust Administration Basics
WAIVER OF SPOUSAL RIGHTS UNDER FLORIDA PROBATE LAW Florida probate law contains numerous protections for a surviving spouse. These interests include what is referred to as an Elective Share (a minimum entitlement to the Estate by law), preference of appointment in intestate proceedings, and rights to elect either a ½ interest in homestead property or… Continue reading Waiver of Spousal Rights Under Florida Probate Law
FLORIDA LAW: WHO TAKES CARE OF MY CHILDREN IF I DIE? Not surprisingly a common concern among our Clients is the care and wellbeing of their minor children in the event of incapacity or death. If you fail to plan accordingly the care of your minor children may be at the mercy of the determination… Continue reading Advanced Planning For Minors
A common question presented to our office during Estate planning consultations is how to avoid probate in Florida. Complicated and high value estates may benefit from the creation of a Trust and the management of assets into a trust to avoid the costs and expenses of a probate administration. Often the only asset or major… Continue reading Basic Methods to Avoid Probate in Florida: Enhanced Life Estate or “Lady Bird” Deeds
Often because of an inheritance or a change in circumstances, two unmarried people end up jointly owning real estate. This can create all sorts of problems for issues like rental income, responsibility for expenses (mortgage, taxes, property insurance etc…). If you own a property in Florida with someone and you are not getting the fair… Continue reading How to Force the Sale of Real Estate in Florida
Florida law allows for the recovery of civil damages on behalf of minor children. Florida law allows for natural guardians, parents, to settle a claim or cause of action for minor children so long as the total amount received does not exceed $15,000.00. See Fla. Stat. 744.301. If the settlement or claim will exceed… Continue reading Lawsuits and Settlements Involving Minors in Florida
One issue that arises frequently in a Probate Administration is the devise, bequest or inheritance to a minor (under 18 years old). A minor cannot have an ownership interest in property that exceeds a certain value. Fla. Stat. 744.301 Provides: 744.301 Natural Guardians.— (1) The parents jointly are the natural guardians of their own children and of… Continue reading Guardianship Over Minor’s Property in Florida
In a Florida Probate proceeding one of the principal guiding aspects of the law is to give meaning and intent to the desires or wishes of the decedent. Therefore the case law interpreting will provisions in Florida is construed to favor the intent of the decedent where possible. One challenge that occurs is when a… Continue reading What Happens When You Get Divorced and Fail to Update Your Last Will and Testament or Estate Planning Documents in Florida
Florida probate administration has statutory rules governing what should happen if there are simply not enough assets to pay all the distributions identified in an estate. These statutory rules are known as the rules of abatement. These statutory rules will control unless the Last Will and Testament admitted to probate Court in Florida has a… Continue reading What Happens When the Estate Doesn’t Have Enough Assets to Pay Out All the Items in a Will in a Florida Probate? Abatement
A recurring problem in Florida real estate transactions is an invalid conveyance or sale because of the failure to understand Florida’s restrictions as to the sale of a homestead property as to a married couple. In Florida if your married the State of Florida, via its constitutional protections for its citizens imposes some restrictions on… Continue reading Can You Sell Your Homestead Without Your Spouse if You Are Married in Florida?
