Se Habla Español
Lines are Available 24/7
Se Habla Español
Florida Statute §732.901 states that “the custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s death or the last four digits of the testator’s social… Continue reading FLORIDA LAW REQUIRES THE DEPOSIT OF AN ORIGINAL WILL
Lis Pendens – Notice of Litigation Lis Pendens literally means “suit pending” it is defined as the “jurisdiction, power, or control which courts acquire over property involved in a pending suit (lis pendens).” Medical Facilities Dev., Inc. v. Little Arch Creek Prop., Inc., 675 So.2d 915, 917 (Fla. 1996). A notice of lis pendens filed… Continue reading FLORIDA’S LIS PENDENS: AN OVERVIEW
There are companies through the United States which comb through death notices and probate courts searching for a probate opened by a nonrelative and then search for any living relative of the deceased. This can be a valuable service if the heirs are scattered or the family structure is hard to ascertain. Like many… Continue reading DEALING WITH HEIR HUNTERS IN FLORIDA
Florida Law ensures that a surviving spouse of someone who died intestate (without a will) still receives or is entitled to a portion of the estate. But what happens if you marry someone who already has a will and for whatever reason failed to update it? Florida Statue 732.301 addresses this, calling a surviving spouse… Continue reading What happens to a spouse who marries after their significant other already has a will in Florida? the pretermitted spouse rules
Key Takeaway: Florida homestead protections transfer to surviving spouses and heirs, including stepchildren, and can protect property from unsecured creditors during probate proceedings. Understanding Florida’s Constitutional Homestead Protections Florida’s homestead protections are among the strongest in the nation, providing significant benefits during a property owner’s lifetime and continuing after death. These protections stem directly from… Continue reading EXPANDING FLORIDA HOMESTEAD PROTECTIONS IN PROBATE TO STEP-CHILDREN
Introduction Florida Next of Kin Law outlines the process for determining who is legally entitled to inherit property or assets from a deceased individual who did not have a will. This law is an important aspect of estate planning and understanding your inheritance rights in the state of Florida. When a person passes away without… Continue reading Florida Next of Kin Law: Understanding Your Inheritance Rights
Florida has no firm statute of limitations for opening a probate estate, so probate can technically be filed years after a death. However, whoever holds the original will must deposit it with the clerk of court within 10 days of learning of the death under Fla. Stat. § 732.901, and waiting too long to administer… Continue reading How Long Do You Have to File Probate After Death in Florida? A Legal Expert’s Guide
Key Takeaway: Many assets can bypass Florida’s probate process entirely, while others enter probate but qualify for valuable exemptions that protect them from creditors. What is Probate in Florida? Probate is the legal process of settling a deceased person’s estate and distributing their assets to their beneficiaries. The purpose of probate in Florida is to… Continue reading What Assets are Exempt from Probate in Florida: A Comprehensive Guide
Just Because You Wrote a Will Doesn’t Mean Your Wishes Will Be Followed Key Takeaway: A Will only has legal power if the original physical document can be located and filed with the court – copies, photos, or digital versions don’t count. Why Having a Will Isn’t Always Enough Many people are aware that if… Continue reading SAFEKEEPING YOUR LAST WILL AND TESTAMENT – FLORIDA LAW
