Trustees have several obligations under the Trust code and also additional obligations as set forth in the Trust Agreement. Some of these obligations can be distilled into general concepts or general obligations of the Trustee to the beneficiaries. Fundamentally understand that the relationship between Trustee and beneficiaries is a fiduciary relationship. That is the highest… Continue reading WHAT OBLIGATIONS DOES A TRUSTEE HAVE UNDER FLORIDA LAW?
Creating a will is a crucial step in ensuring your assets are distributed according to your wishes after you pass away. Ideally, a will should be clear and unambiguous, leaving no room for misinterpretation. However, what happens when a will contains ambiguous terms? In Florida, the law addresses this issue, providing guidelines for interpreting such… Continue reading HOW TO INTERPRET AMBIGUOUS WILLS – FLORIDA LAW
Homestead rights are complicated. Typically, a spouse has an inherent right in the homestead property of a spouse, even if not on title, and that is enforced via Probate. That interest is either a life estate or an election to take a ½ interest if the spouse was not on the title and not an… Continue reading Florida Homestead Property Rights: A Caution for Survivorship Deeds.
The surviving spouse in Florida is entitled to a minimum share of the Estate. That concept is known as the Elective Share. If such an election is made, the Personal Representative must identity in an Elective Estate inventory the assets that are the Elective Estate so that the spouse can make a determination as to… Continue reading FLORIDA ELECTIVE SHARE LITIGATION – WHAT IS THE ELECTIVE ESTATE?
When it comes to Florida Probate, the Personal Representative faces the critical task of distributing all the assets left by the deceased, ensuring due provision for creditor claims. Distribution can follow either the rules of intestacy (when there’s no will) or the instructions outlined in the Last Will and Testament (in cases of testacy). However,… Continue reading Navigating Firearms Distribution in a Florida Probate
In Florida each co-owner or Property has shared responsibilities for the maintenance and upkeep of the asset and also has the obligation to share in any profits derived from the rental of the Property. In the case of Shelow v. Shelow, the court pronounced that “the rent or ‘profits’ are deemed received for the benefit… Continue reading Are Co-Owners of Property in Florida Entitled to the Rental Income Received?
If a child is omitted in a last will and testament who was either born or adopted after making a Last Will and Testament, Florida law kicks in to make sure that that child actually receives a share of the Estate. The intent behind the law is to obviously provide for what most folks would… Continue reading WHAT HAPPENS IF A CHILD IS BORN AFTER A LAST WILL AND TESTAMENT IS CREATED IN FLORIDA? THE PRETERMITTED CHILD LAWS
Probate is never an easy process, and it becomes all the more challenging when difficult heirs or family members are involved. While probate laws can vary from state to state, if you’re navigating this complex landscape in Florida, you’ll want to be prepared for any obstacles that may arise Understanding Florida Probate Laws Before diving… Continue reading How to Handle a Difficult Heir in a Florida Probate
What is the Florida Wrongful Death Act? The Florida Wrongful Death Act is the primary authority governing wrongful death cases in the state of Florida. Section 768.20 of the Act requires that the action be brought by the decedent’s personal representative, who is responsible for recovering damages for the benefit of the decedent’s survivors and… Continue reading THE ROLE OF PROBATE ADMINISTRATION IN FLORIDA WRONGFUL DEATH CLAIMS
In the state of Florida, homestead protections are a significant topic of interest for property owners. These protections serve as a shield against certain types of creditors and offer tax benefits. However, the landscape becomes murky when you decide to put your property into a trust. This blog post aims to shed light on this… Continue reading Will I Lose My Florida Homestead Protections if I Put My Property in a Trust?