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THE POWERS OF THE FLORIDA PERSONAL REPRESENTATIVE PART 1: TO COLLECT ASSETS & FREEZE ASSETS

The Probate action is an action over property and the distribution of Property among heirs and is often referred to as in rem (over property) jurisdiction as opposed to “in personam” jurisdiction which is jurisdiction over a person. This distinction is relevant because one of the primary jobs of a Personal Representative will be to… Continue reading THE POWERS OF THE FLORIDA PERSONAL REPRESENTATIVE PART 1: TO COLLECT ASSETS & FREEZE ASSETS

FLORIDA TRUST ADMINISTRATION BASICS

Being a Trustee over a Florida Trust is not always a fun job. The Trustee has some important responsibilities governed by (1) the Trust document (2) the Florida Trust Code. So in general what does a Florida Trust require? Adherence to and compliance with the Trust document. The Trustee is a fiduciary and as such… Continue reading FLORIDA TRUST ADMINISTRATION BASICS

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 the “Death Bed” Marriage Statute.  Fla. Stat. 732.805 provides generally that a Florida marriage can be invalidated if it was procured by fraud, duress, or… Continue reading OVERTURNING A DEATH BED MARRIAGE IN FLORIDA

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?

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