Category: Blog

In today’s increasingly digital world, it is crucial to consider digital assets when creating an estate plan. In Florida, the management and disposition of digital assets in estate planning and administration are governed by the Florida Fiduciary Access to Digital Assets Act (Chapter 740), enacted in 2016. This article will explore the importance of incorporating… Continue reading Digital Assets Considerations for Estate Planning & Probate in Florida

The Agency for Healthcare Administration is generally entitled to recover Medicaid payments from a probate estate as a creditor, but there are some exceptions. For example, the agency cannot enforce a debt against an estate if the recipient is survived by a spouse, a child under 21, or a disabled child. Additionally, the agency cannot… Continue reading FLORIDA PROBATE ADMINISTRATION – DEALING WITH MEDICAID (AHCA)

What is a Last Will and Testament? A will is a legal document that outlines your final wishes and dictates how your property will be distributed after your death. In Florida, a will must be in writing, signed by the testator, and witnessed by two witnesses who are not beneficiaries under the will. A will… Continue reading WHATS THE DIFFERENCE BETWEEN A LAST WILL AND TESTAMENT AND A TRUST UNDER FLORIDA LAW?

Who gets to be personal representative of an estate in Florida? The Personal Representative administers the estate and is ‘in charge’ while the probate of an estate is done. But how is the personal rep chosen and who gets a say? Florida Statutes Section 733.301 lays out all the ground rules for this process of… Continue reading FLORIDA LAW ON WHO IS IN CHARGE OF AN ESTATE

What is Heirs Property as defined by Florida law? When it comes to real property held in tenancy in common, disputes between co-tenants can arise, making it necessary to partition the property. Florida’s Uniform Partition of Heirs Property Act (UPHPA) offers a framework for the partition of such property, and it is crucial to understand… Continue reading FLORIDA PARTITION ACTIONS: UNDERSTANDING THE CO-TENANT BUYOUT PROCEDURE

Florida Statute §732.901 states that “the custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s death or the last four digits of the testator’s social… Continue reading FLORIDA LAW REQUIRES THE DEPOSIT OF AN ORIGINAL WILL

Lis Pendens – Notice of Litigation Lis Pendens literally means “suit pending” it is defined as the “jurisdiction, power, or control which courts acquire over property involved in a pending suit (lis pendens).” Medical Facilities Dev., Inc. v. Little Arch Creek Prop., Inc., 675 So.2d 915, 917 (Fla. 1996). A notice of lis pendens filed… Continue reading FLORIDA’S LIS PENDENS: AN OVERVIEW

There are companies through the United States which comb through death notices and probate courts searching for a probate opened by a nonrelative and then search for any living relative of the deceased. This can be a valuable service if the heirs are scattered or the family structure is hard to ascertain.   Like many… Continue reading DEALING WITH HEIR HUNTERS IN FLORIDA

Florida Law ensures that a surviving spouse of someone who died intestate (without a will) still receives or is entitled to a portion of the estate. But what happens if you marry someone who already has a will and for whatever reason failed to update it? Florida Statue 732.301 addresses this, calling a surviving spouse… Continue reading What happens to a spouse who marries after their significant other already has a will in Florida? the pretermitted spouse rules

One reoccurring issue in Florida law and Probate Administration is the application of Homestead protections from a decedent to a beneficiary. During lifetime a property determined homestead has the benefit of lowered property taxes, exemption from forced sale and the prohibition as to devise for protected classes. These benefits stem directly from the Florida constitution:… Continue reading EXPANDING FLORIDA HOMESTEAD PROTECTIONS IN PROBATE TO STEP-CHILDREN