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March 2017 Archives

Can a person in Florida disinherit their spouse or child?

Family dynamics can be complicated, especially if a person in Florida tries to disinherit a relative. The reason for the disinheritance aside, it is important to know that there are some laws that override a person's will. This may be the case for a decedent's surviving spouse and children.

My dad's estate is going into probate: What should I expect?

If your parent recently died in Florida, the estate will likely need to go through the probate process. In the vast majority of probate cases, the process will be uncontested. However, if there is a disgruntled family member, a contestation is possible. In this case, you may need to take legal action to protect your inheritance rights - and ensure that your loved one's wishes are honored.

Estate planning can let one be prepared for the inevitable

As the old saying goes, "Nothing is certain but death and taxes." While many people in Ft. Myers are currently facing the taxes portion of that adage head-on during this time of the year, many others are reluctant to plan for the other portion of the saying, death. Yet death will one day come to us all, and no one can predict when it will happen. Therefore, it is important to have all your affairs in order now, which means drafting an estate plan.

An attorney can help in trust administration

When it comes to estate plans, a trust is one of the most common and important facets. They are specifically created to be given to beneficiaries, and the assets within a trust will become available to them when the person who created it, the trustor, has passed away or when the beneficiaries reach a certain age. Additionally, they are advantageous in that assets in trusts are not included in the probate process, which can be long and confusing.

Knowing when it's time to update your estate plan

If you have already taken the time to create an estate plan, you have done the right thing. You are protecting your family, your loved ones and yourself in the event of an accident or sudden illness. Far too many people put off estate planning until their mortality is unavoidable.

Florida protects the right of heirs to contest a will

Florida is a popular destination for retirement. As a result, Florida has more in-depth and complex probate and estate laws than some other states. For example, it has become popular in recent years for those who are creating an estate plan and last will to include a clause that specifically states that anyone who contests the will shall lose their part.

Even Millennials need an estate plan

Young adulthood is full of milestones. Millennials in Florida these days are getting an education and landing their first "real" jobs, with benefits such as pensions, retirement plans and life insurance. They may even be making major purchases, such as buying their first homes, or starting families. However, one thing they may not have given much thought of is estate planning.

What happens when there's a title issue with your home?

Most people barely notice the cost of their title insurance premium when they are closing on their home. After all, compared to the six-figure price tag of your home, that $1,500 or so seems unimportant. However, that title insurance premium can help protect you from the loss of your most important investment and biggest purchase. Some people wonder why title insurance is compulsory on financed homes. The reason why is simple: If there is an issue with title, your mortgage company could lose out on all the money paid toward the purchase of the home.

How do you create a valid, enforceable will in Florida?

Many people in Florida have made the wise decision to prepare a will. However, not just any writing will constitute a valid, legally enforceable will. There are certain requirements that must be followed in order for the will to be valid and legally enforceable.

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