Category Archives: Probate
The Elective Share & Probate
When a person’s spouse dies, they are entitled, by law, to a significant share of the assets, even if the deceased person’s will states otherwise. If the decedent left no will, the surviving spouse is potentially entitled to an even larger share of their partner’s assets. This portion is known as the elective share,… Read More »
Franklin Will Quagmire Would Have Been Avoided In Florida
On July 11, 2023, NPR reported that a handwritten note found in the couch cushions at the home of soul singer Aretha Franklin was found by a Michigan jury to constitute her last will and testament. Previously, a 2010 will was held to be the controlling document, but the note, dated 2014, was found… Read More »
Taking The Elective Share In A Probate Estate
When someone makes a last will and testament, their intention is to convey their assets to the beneficiaries they name in the document. However, Florida law has what is known as the elective share, which grants a percentage of a deceased person’s estate to their surviving spouse, regardless of what is contained in the… Read More »
Florida’s “Slayer Statute” And Probate Law
At common law, it was understood that a person who committed homicide could not inherit property from their victim. Florida codified that rule into what has become known as the “slayer statute,” explicitly stating that anyone who kills or “participates in procuring the death of” a person may not receive any benefit from their… Read More »
Can I Avoid Florida Probate Altogether?
When a person passes away in Florida, most of the time, their beneficiaries do not want to be burdened with the long, drawn-out process of probate. However, most of the time it cannot be avoided, either because the deceased person did not properly plan their estate, or they had assets that are required to… Read More »
Is Probate Necessary If No Will Exists?
When a person dies in the state of Florida, they usually leave a Last Will and Testament behind. However, this is not always the case. Sometimes, people die with no estate planning in place – this is called dying ‘intestate,’ and Florida law has procedures in place to ensure that the decedent’s property goes… Read More »
Should I Challenge My Loved One’s Will?
When someone passes away in Florida, and their estate is required to go through the probate process before the assets can be disbursed, this is usually accomplished with minimal fuss. However, it is not uncommon for a will to be contested by a potential claimant if they believe that there is reason to do… Read More »
Different Types Of Estate Administration In Florida
When someone passes away, most of the time their estate will have to go through probate before any assets can be disbursed to their beneficiaries. However, not every estate is created equal. Some will be quite extensive, requiring careful investigation to ensure that the right asset goes to the right heir. Other estates are… Read More »
No-Contest Clauses In Florida Probate
Many people who have their will executed specifically ask to include what is known as an in terrorem or no-contest clause in the document. In most states, a no-contest clause specifically seeks to punish any beneficiary of the will who decides to attack the document’s validity. Florida, however, is one of two states where… Read More »
The Florida Homestead Exemption And The Probate Process
When someone passes away, their estate will generally have to go through Florida’s probate process before any assets can be granted to the deceased’s specified heirs. This includes all the assets that fall under the deceased person’s will (or other estate planning documents), including large assets like the person’s home. However, the deceased’s home… Read More »