Lins Law Group, P.A.
Serving Families of Tampa Bay for Over 25 Years

February 2015 Archives

In Florida, can a non-resident serve as Personal Representative of a Probate Estate?

As with many things in estate law, the answer is that "it depends." In certain cases, the answer is "yes" (but this also implies that in other cases, the answer is "no").

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

In Florida, how do I find out if a probate estate has been filed for a deceased person?

If a person dies resident in Florida, there are some informal ways to determine whether a probate estate has been filed and there is a formal way. While the informal way involves little or no expense, it has its limitations. The formal way is more reliable, but can involve some expense.

What is a "Restated" Trust and what are its benefits?

One of the nice aspects of a Living Trust is that is can be amended, i.e. changes can be made as long as the settlor is alive and competant. After establishing a Trust, a settlor may decide to make some amendments and it is not uncommon for the attorney doing the work to prepare what is sometimes called a "Restated Trust". 

What's the best way in Florida to leave personal items, like jewelry or sentimental items, to a beneficiary?

In setting up your estate plan, there are two main ways to leave items of tangible personal property ("TPP"), such as jewelry or sentimental items, to a beneficiary. You can either make a "specific devise" in your Will or you can include a provision in your Will which states that if you leave a list of items of TPP and who is to receive each item, then that list will be honored. When using the second method, the statement or list is sometimes described by estate planners as a "separate writing." This blog entry is intended to discuss the separate writing method.

Attorney Michael Lins
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