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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
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
Often because of an inheritance or a change in circumstances, two unmarried people end up jointly owning real estate. This can create all sorts of problems for issues like rental income, responsibility for expenses (mortgage, taxes, property insurance etc…). If you own a property in Florida with someone and you are not getting the fair… Continue reading How to Force the Sale of Real Estate in Florida
In a Florida Probate proceeding one of the principal guiding aspects of the law is to give meaning and intent to the desires or wishes of the decedent. Therefore the case law interpreting will provisions in Florida is construed to favor the intent of the decedent where possible. One challenge that occurs is when a… Continue reading What Happens When You Get Divorced and Fail to Update Your Last Will and Testament or Estate Planning Documents in Florida
Florida probate administration has statutory rules governing what should happen if there are simply not enough assets to pay all the distributions identified in an estate. These statutory rules are known as the rules of abatement. These statutory rules will control unless the Last Will and Testament admitted to probate Court in Florida has a… Continue reading What Happens When the Estate Doesn’t Have Enough Assets to Pay Out All the Items in a Will in a Florida Probate? Abatement
A recurring problem in Florida real estate transactions is an invalid conveyance or sale because of the failure to understand Florida’s restrictions as to the sale of a homestead property as to a married couple. In Florida if your married the State of Florida, via its constitutional protections for its citizens imposes some restrictions on… Continue reading Can You Sell Your Homestead Without Your Spouse if You Are Married in Florida?
Key Takeaway: You can probate a Florida estate even if you live out-of-state, either as the primary proceeding or through ancillary administration if the main probate is in another state. Many of our clients have loved ones who have passed away in Florida but they themselves are residents of a foreign state. In this type… Continue reading How to Probate Property in Florida if You Live Out of State
The creation of a Last Will and Testament is a tool to alter your estate plan from the default rules of succession. If you happen to pass away without having written a Last Will and Testament, the State of Florida has an estate plan for you and these are detailed in the Florida Rules of… Continue reading What Happens if You Die Without a Will in Florida?
What is a Petition for Administration In a Florida probate proceeding if you have not initiated the case, you may be surprised to receive, typically via US certified mail return receipt requested, a document called a Petition for Administration. Florida law requires that this document be served in a manner with delivery tracking or in… Continue reading Florida Probate Basics: Should You Object to a Petition for Administration?
