OVERTURNING A DEATH BED MARRIAGE IN FLORIDA
Unfortunately, many Floridians continue to fall victim to exploitation and abuse. The Florida legislature has provided some tools to aid families to fight elder abuse. One of those tools is…
Unfortunately, many Floridians continue to fall victim to exploitation and abuse. The Florida legislature has provided some tools to aid families to fight elder abuse. One of those tools is…
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…
A common problem arises in Probate cases where property is transferred to one or more family members and there is a general disagreement regarding what do with the home or…
Florida Probates can take a variety of different forms depending on the nature of the representation. Small Estate proceedings, called Summary Administrations are available if the deceased has been dead…
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…
A probate proceeding in Florida is a Court supervised distribution system designed to protect beneficiaries and creditors and to ensure that (1) the appropriate beneficiaries are discovered/noticed to the proceeding…
With the popularity of “avoiding probate” seminars, books and do-it-yourself guides that flooded the State of Florida over the past decades it is little wonder that our state has seen…
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…
FLORIDA LAW: WHO TAKES CARE OF MY CHILDREN IF I DIE? Not surprisingly a common concern among our Clients is the care and wellbeing of their minor children in the…
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 asset subject to probate will be a home. A very simple and cost-effective method to avoid the costs associated with a Florida probate proceeding related to a property is accomplished through the implementation of an Enhanced Life Estate Deed or “Lady Bird” Deed. The deed is executed by the current owner of the property and provides that the owner will retain the ability to use the property and continue to have unrestricted ownership and upon the death of the owner it will pass automatically to the designated person called the remainder. (more…)