Recent Blog Posts
What Happens When One Florida Estate Sues Another Florida Estate?
One of the key objectives of Florida probate administration is disposing of potential claims by and against the estate. In the latter case, the personal representative or administrator has a legal duty to pay all valid debts incurred by the deceased. At the same time, the estate must also take legal steps in order… Read More »
Do I Need a Florida Estate Planning Lawyer to Prepare a Florida Trust?
Many people come to Florida from somewhere else. If you have relocated to Florida recently, it is a good idea to consult with a local attorney to revise your existing will or trust. Although out-of-state estate planning documents are generally valid in Florida, if you do need to make any changes, it is important… Read More »
Answers to Common Questions About Taxes and Your Florida Estate or Trust
When it comes to Florida estate planning, we often think about questions like, “Who will take care of my children?” or “Who will inherit my property?” We usually do not think about some of the secondary legal issues that may arise in the course of administering our trust or estate, such as, “Do I… Read More »
How Do I Challenge the Validity of a Will in Florida?
There are a number of situations where a party may need to contest the validity of a Florida will. One legal tool that a party may use to protect its interests is the filing of a “caveat.” This is essentially a notice filed with the probate court reserving the right to be notified if… Read More »
Can a Stepchild Inherit From a Florida Estate?
Dying without a Florida will means your probate estate will pass under the state’s intestacy laws. Many people do not see the problem with this. Say you are unmarried and are survived by two children. Under Florida intestacy law, your children would automatically inherit your entire estate in the absence of a will. Sounds… Read More »
What Happens If My Heirs Die Before Me?
A Florida estate plan is just that: a plan. A will or trust is designed to instruct your fiduciaries on how to distribute your property in the event of your death. A good estate plan must also anticipate certain contingencies, such as the possibility your designated beneficiaries or heirs will pass away before you…. Read More »
Have You Reviewed Your Life Insurance Beneficiary Designations Lately?
An important aspect of Florida estate planning is reviewing–and when necessary, revising–any beneficiary designations on assets such as life insurance or retirement accounts. Keep in mind, when an asset is deemed payable to a named beneficiary, it does not pass as part of your Florida probate estate. So even if you execute a new… Read More »
How Do I Dispose of Specific Items in My Florida Will?
A common problem many people have when drafting a Florida will is deciding how to divide up individual items of personal property. We are not necessarily talking about high-value assets like automobiles or jewelry. We all keep certain items more for sentimental reasons than financial value. But does it make sense to individually list… Read More »
When Can Someone Be Declared Legally Dead in Florida?
The administration of a Florida probate estate can only begin once the person in question is deceased. That seems like common sense. But how does Florida law address cases where an individual is missing and presumed dead but there is no body or other concrete proof of death? Under Section 731.103 of the Florida… Read More »
How Will an Inheritance Affect My Child’s Legal Standing?
In preparing a Florida will or trust, you need to be mindful of the potential financial impact an inheritance may have on your children or other beneficiaries. If you have a disabled adult child receiving means-tested government benefits, for example, suddenly receiving a large sum of money from your trust could render them ineligible…. Read More »
