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What Happens In Florida If The Person You Leave Your Things To In Your Will Dies?

We often see people come in after a loved one has died with a will from ten, fifteen, or even twenty years ago.  These wills run the risk of being stale or obsolete we call those a Lapsed Devise or similarly a Void Devise, both are treated the same in Florida law. A Lapsed Devise… Continue reading What Happens In Florida If The Person You Leave Your Things To In Your Will Dies?

How To Force The Sale Of Real Estate In Florida: Part 2 – Heirs Property

Understanding Property Partition in Florida: Recent Changes Under the Uniform Partition of Heirs Property Act Key Takeaway: Florida’s updated partition laws now require special procedures for “heirs property,” including mandatory appraisals and buyout opportunities to help families preserve inherited real estate. When Multiple Property Owners Can’t Agree: Understanding Partition Rights A common problem arises in… Continue reading How To Force The Sale Of Real Estate In Florida: Part 2 – Heirs Property

What are typical probate lawyer fees in Florida?

Understanding Florida Probate Proceedings: Summary vs. Formal Administration Key Takeaway: Florida probate attorney fees vary dramatically based on estate size and complexity, but you have the right to negotiate fees different from the statutory schedule. Florida probates can take a variety of different forms depending on the nature of the representation. Small estate proceedings, called… Continue reading What are typical probate lawyer fees in Florida?

How to Revoke a Last Will and Testament in Florida

Sometimes life events occur that require a change in Estate planning.  In Florida will contests and Probate litigation can often turn on the strange set of circumstances surrounding whether or not a Last Will and Testament was properly revoked. Fortunately, Florida Statutes offer some guidance: 732.505. Revocation by writing A will or codicil, or any… Continue reading How to Revoke a Last Will and Testament in Florida

How to Start a Probate Proceeding in Florida

Understanding Florida Probate: Court-Supervised Asset Distribution Key Takeaway: Florida probate is a court-supervised process that protects beneficiaries and creditors while ensuring proper asset distribution, whether you have a will or not. A probate proceeding in Florida is a Court supervised distribution system designed to protect beneficiaries and creditors. The process ensures that the appropriate beneficiaries… Continue reading How to Start a Probate Proceeding in Florida

Florida Trust Administration Basics

Trustee Responsibilities Under Florida’s Trust Code: A Complete Guide Key Takeaway: Florida trustees hold the highest standard of care under state law and face serious personal liability if they breach their fiduciary duties to beneficiaries. With the popularity of “avoiding probate” seminars, books and do-it-yourself guides that flooded the State of Florida over the past… Continue reading Florida Trust Administration Basics

Waiver of Spousal Rights Under Florida Probate Law

WAIVER OF SPOUSAL RIGHTS UNDER FLORIDA PROBATE LAW Florida probate law contains numerous protections for a surviving spouse.  These interests include what is referred to as an Elective Share (a minimum entitlement to the Estate by law), preference of appointment in intestate proceedings, and rights to elect either a ½ interest in homestead property or… Continue reading Waiver of Spousal Rights Under Florida Probate Law

Advanced Planning For Minors

Key Takeaway: Florida law allows parents to designate who will care for their minor children if both parents die, preventing costly family disputes and ensuring your children go to the guardian of your choice. FLORIDA LAW: WHO TAKES CARE OF MY CHILDREN IF I DIE? Not surprisingly a common concern among our clients is the… Continue reading Advanced Planning For Minors

Basic Methods to Avoid Probate in Florida: Enhanced Life Estate or “Lady Bird” Deeds

A common question presented to our office during Estate planning consultations is how to avoid probate in Florida.  Complicated and high value estates may benefit from the creation of a Trust and the management of assets into a trust to avoid the costs and expenses of a probate administration. Often the only asset or major… Continue reading Basic Methods to Avoid Probate in Florida: Enhanced Life Estate or “Lady Bird” Deeds