Category Archives: Probate
Maybe Revocable Trusts Are Not for Everyone
You know you are old if you have a bee in your bonnet about the 2012 film version of The Lorax. Just looking at the title character’s CGI animated fur makes you itch, and the book’s original rhymes get drawn out into over an hour of unrhymed, mostly pointless dialogue. The 1972 animated TV… Read More »
The Slayer Statute and Florida Probate Law
“The Slayer Statute” sounds like it should be the name of a big budget Hollywood movie from the pre-Netflix days, when people would spend Saturday nights in the movie theater with a huge, overpriced bucket of popcorn. Despite its catchy name, it is a real law that attempts to serve the aims of justice… Read More »
Adopted Children, Genetic Parents, and Florida Probate
The phrases “legal father” and “legal mother” occur frequently in documents submitted to and issued by the family courts. For example, if an unmarried man wants to exercise his right to court-ordered parenting time, he must establish legal paternity. Establishing legal paternity does not require DNA testing. Rather, a man can become a child’s… Read More »
How Expensive Is Probate?
When you are the closest confidant of a terminally ill or recently deceased relative, one of the last things that you worry about is how much it will cost to complete the probate process for your family member’s estate when he or she dies. You care about your family member getting quality medical care… Read More »
Steeling Yourself for a Contest of Wills
Being the personal representative of a deceased family member’s estate is an unenviable task, whether you were the obvious choice all along, since you were the decedent’s only surviving close relative, or whether you stepped up and brought the estate of a family member who died intestate to court, or even if you were… Read More »
How Probate Works for a Florida Intestate Estate
Even though people are aware that creating a will is an extremely important estate planning task, many either do not get around to it or mistakenly decide they do not need it. Under the circumstances, Florida’s statute on intestate estates applies. Essentially, these laws create a will where one does not exist, because the… Read More »
How To Handle Creditor Claims In Florida Probate Cases
There is a common misconception that a person’s debts will just go away when they pass on, but this is a myth under the collection laws in Florida and all other US states. The Consumer Financial Protection Bureau points out that a person’s legal and financial obligations shift to the estate at death, just… Read More »
How No-Contest Clauses Work In Florida Probate Cases
There are very specific rules about preparing a will in Florida, and one of the most important requirements relates to the testator having sound mind to create one. Plus, by state law, a will is void if the surrounding circumstances indicate fraud, duress, mistake, or undue influence. As you might guess, when someone is… Read More »
Overview Of Florida Probate Laws On Summary Administration
Probate is the legal process of winding up a deceased person’s final affairs, so you may be familiar with traditional court proceedings for addressing the will or intestacy laws. However, there is another process for estate administration that may be an option to consider in two contexts. The Florida probate code section on summary… Read More »
Mediation In Florida Probate Disputes: Things To Know
Florida probate is the process by which a deceased person’s final affairs are wrapped up according to the terms of a will or state intestacy laws. There is always the possibility for disputes, and litigation is one route for resolving them. However, in most cases, a judge will order the parties to participate in… Read More »
