Category Archives: Estate Planning
The Elective Share And Florida Estate Planning
Florida has a rule referred to as the ‘elective share,’ designed to protect a surviving spouse from being completely disinherited by their spouse’s will. While the elective share is less commonly taken than it used to be, it is still possible for a spouse to avail themselves of this provision. However, if this happens,… Read More »
Testamentary Trusts Vs. Living Trusts
Florida is known as a state with favorable estate planning laws, offering several different ways to pass on your assets to the heirs you choose with minimal bureaucracy and bother. A trust is one of the most common estate planning tools that is used to make certain that assets reach the right people –… Read More »
Creating A Living Trust In Florida
Many people in Florida use wills to pass down their estates upon their passing. However, there are alternatives, chief among them living trusts (also called revocable trusts). Depending on the specific situation you are in, and the assets you have, a trust may be a better choice in terms of safeguarding your possessions, given… Read More »
What Is A Will Contest?
When someone passes away, the normal course of events would require that their will be submitted to probate, and then processed so that the beneficiaries may receive their inheritances, if any. However, not every will is a true expression of the testator’s (the maker’s) wishes, and if you fear that your relative may have… Read More »
Avoiding Intestate Distribution of Assets
When you lose a loved one, it is not uncommon to want to retain some belonging of theirs as a memento of the person, or to be granted an asset like an automobile or bank account in their will. However, if the deceased person’s will is not in order, you may not get to… Read More »
Wills and Trusts: Advantages and Disadvantages
Florida is a state where approximately 20 percent of the population is over the age of 65, which is higher than average. As a person ages, they generally begin to put their affairs in order, starting with estate planning. However, there are multiple estate planning tools at a person’s disposal, depending on family situation… Read More »
Undue Influence In Florida Probate
No one likes to think of irregularities in probate when the focus should be on mourning a lost loved one. However, if your loved one’s will is not as it should be, or not as you were told, you have a right to explore what might have occurred. While it is rarely cut and… Read More »
Providing Notice To Creditors For Probate
When someone passes away, processing their estate can be a confusing undertaking, especially if the estate must go through probate. One of the major steps in the probate process is dealing with the deceased person’s obligations, and Florida law sets out a specific procedure for doing this, beginning with publishing a Notice to Creditors…. Read More »
The Problem With Holographic Wills
When a person decides to write their own will, usually in their own handwriting, it is referred to as a holographic will. Sometimes, this is the best option for them, especially if they have few assets and few heirs. However, even if a holographic will might be a good option for someone, it is… Read More »
Probate and Stepfamilies
Many people find happy lives in blended families. However, because blended families can gel so well, many forget that unless expressly provided for, stepchildren and others considered full family members do not actually inherit under Florida law. If you want to ensure that your stepchildren or other blended family members inherit after your passing,… Read More »
