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February 2015 Archives

What are the Florida statutes for will execution?

Under Florida law, there are certain factors that must be considered when it comes to will execution. These must be followed for the will to be valid after the testator's death. Understanding these laws and adhering to them will help ensure that the decedent's wishes will be met. The will must be in writing, and its execution hinges on the following: the testator's signature and the witnesses.

Providing for a disabled heir with a special needs trust

Many Florida residents beginning the estate planning process have questions about how to provide for a family member with a physical or mental disability. If the disabled individual is receiving benefits from need-based government programs like Medicaid or Supplemental Security Income, a large bequest in a will or trust could end up disqualifying him or her from receiving benefits.

When can a personal representative be removed?

No one necessarily expects or hopes to face issues during the estate administration process. Unfortunately, sometimes issues can come up during probate that can matter greatly to those involved in the administration of the estate. In certain cases, the work of the personal representative responsible for the estate may be called into question. However, these representatives aren't easily removed or replaced - it can be necessary to show cause if the representative wishes to continue with the administration process.

Incapacity Can Undo the Execution of a Will

Whether it's signing a deed when closing on the sale of a home or inking your name on a release form for your child, we have all provided our signature to legal documents. Given the magnitude of some of these documents, formalities are often required. Whether its being witnessed by a notary public or simply being signed by someone of legal age, the absence of such formality may invalidate the effect of the document.

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