In most instances, courts are not involved in the administration of a Trust.
When a person gets divorced in Florida and has a Will, the divorce essentially negates any rights under the Last Will and Testament as they relate to the former spouse.
In Florida probate, certaim types of property are exempt and will be received by the survivng spouse, if there is one, and if there is no spouse, then by the decedent's children. However, steps must be taken to protect entitlement to exempt property.
In Florida, the publication of a Notice to Creditors triggers a deadline for creditors of a probate estate to file their claims.
The eight classes of obligations in a probate estate are paid, beginning with class 1 and proceeding downward . Each class must paid in full before proceeding to the next class.
When determining the order of payment, a Personal Representative of a Florida probate estate must look at eight classes of claims. Each class of claims is paid in descending order before progressing to the next class.
A "spendthrift provision" is a provision in a Trust or a Will that protects a beneficiary from assigning away his or her inheritance and it also protects against a creditor attaching the beneficiary's inheritance.