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Florida Probates can take a variety of different forms depending on the nature of the representation. Small Estate proceedings, called Summary Administrations are available if the deceased has been dead for over two years or alternatively if the total assets subject to the Florida probate administration are less than $75,000.00. In Florida the fees for… Continue reading What are typical probate lawyer fees in Florida?
Sometimes life events occur that require a change in Estate planning. In Florida will contests and Probate litigation can often turn on the strange set of circumstances surrounding whether or not a Last Will and Testament was properly revoked. Fortunately, Florida Statutes offer some guidance: 732.505. Revocation by writing A will or codicil, or any… Continue reading How to Revoke a Last Will and Testament in Florida
A probate proceeding in Florida is a Court supervised distribution system designed to protect beneficiaries and creditors and to ensure that (1) the appropriate beneficiaries are discovered/noticed to the proceeding and that (2) creditor claims of the deceased are settled pursuant to the rules of the Florida Probate code and finally so that (3) distribution… Continue reading How to Start a Probate Proceeding in Florida
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
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
