Recent Blog Posts
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 »
What Happens If I Sign a Nursing Home Arbitration Agreement Under a Power of Attorney?
Many Florida residents are faced with the burden of placing a parent or elderly relative in a nursing home. If you do admit a family member to a facility while holding their power of attorney, you need to be aware of how this may affect their legal rights in the event that something goes… Read More »
What Happens If I Forget to Update My Will to Provide for My Spouse?
There is a strong presumption in Florida probate law against disinheriting a spouse. In fact, the law expressly makes provisions for what is known as a “pretermitted spouse.” This is basically a spouse whom you marry after executing your will. If your will does not make any provision for this new spouse, he or… Read More »
Frequently Asked Questions About Summary Administration in Florida
Florida probate is the process by which property is transferred from a deceased individual (the decedent) to his or her beneficiaries. A formal probate administration can take several months–even years–depending on the complexity of the decedent’s estate. However, in some cases Florida law provides for a simplified probate process known as summary administration. Here… Read More »
What Happens to a Florida Estate If the Will is Invalidated?
There are many scenarios where a person’s last will and testament may be found invalid by the court. A successful will contest may be the result of undue influence, fraud, or proof that the decedent lacked mental capacity at the time the will was executed. But if a will is invalidated, what becomes of… Read More »
