Category Archives: Will Execution
Who Is Considered a “Spouse” Under Florida Inheritance Laws?
Dying without a will is never a good idea, as Florida law will dictate the disposition of your probate estate. While this may initially sound like an easier way of settling your affairs, there are many potential legal disputes that may arise in an intestate estate. Having a will allows you to state definitively… Read More »
When Can My Children Challenge My Will?
One of the main reasons for drafting a Florida will is to minimize the opportunity for fights among your children (or other family members) after you die. Unfortunately, even with a will things do not always go smoothly. If one of your children suspects your will was the product of undue influence or fraud,… Read More »
How Florida’s “Slayer Statute” Can Affect Your Estate Plan
In the normal course of events, when you die your property passes as directed by your Florida will or trust. The courts will typically not second-guess your estate planning choices. If you want to leave a greater share of your estate to one child–or give your spouse everything and your adult children nothing–that is… Read More »
Undue Influence
Undue Influence Has a loved one’s will been changed without your knowledge? Was your inheritance written out? Are you concerned that someone has been conspiring to get the inheritance for themselves? If so, it is possible that you might have a legal claim of Undue Influence and a chance to void the will. Undue… Read More »
The benefits of a properly executed will in estate planning
Many Florida residents are relieved when they finally take the time to have an estate plan drafted, protecting their assets, designating guardians for minor children and including other important instructions in a will. However, taking the time to complete these types isn’t enough — it has to be done right. The sad reality is… Read More »
How can a person revoke a will in Florida?
Sometimes, a person in Florida who has executed a valid will decides one day that he or she wants to revoke it. Perhaps, a new grandchild was born that he or she wants included in the will, he or she either gained or lost a significant asset or there was a family fallout. In… Read More »
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… Read More »
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. First, under Florida Statutes section 733.502, a will in Florida… Read More »
Can you prevent someone from contesting your last will?
If you’ve taken the steps of creating a last will and estate plan, you likely did so because you have strong preferences about the division of your assets following your death. You don’t want people you love to argue over your estate. Unfortunately, it is common for heirs to contest the last will left… Read More »
4 points to know about a living will in Florida
Planning your estate is easy to put off, but doing so can leave your family with trouble if something happens to you. Your estate plan should contain more than just a list of who is going to get what. Don’t fall into the mode of thinking that you are too young to create an… Read More »
