September 2016 Archives

Does Life Insurance Go Through Probate?

As a probate and estate attorney, I'm often asked whether life insurance goes through or is subject to probate. The answer is usually "no." Life insurance is one of those assets that does not normally go through probate. This is due to the fact that the policy names a beneficiary. As a result, at the death of the insured, the death benefits are paid to the beneficiary directly, not to the estate. 

Duty to Disclose in Florida Real Estate Sales--Seller Beware!

Prior to 1985, when it came to real estate sales, Florida, like many states, applied the legal principle known as "caveat emptor" or "buyer beware." In essence, that meant that when a buyer bought a property, they did so at their own risk as far as the condition of the property. That trend changed in 1985 with the Florida Supreme Court's ruling in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).

In Florida, Can I Leave My Estate To Whomever I Choose?

As an estate planning lawyer in Florida, I'm often asked by clients if they can leave their estate to whomever they choose. For the most part, a person can leave his or her estate to whomever they choose but there are some exceptions. 

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