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When an asset devised in a Last Will and Testament has been gifted to the beneficiary during the decedent’s lifetime, an ademption by satisfaction may occur. The concept of ademption by satisfaction is that a lifetime gift to a beneficiary may satisfy a gift to that...
When a person dies without a Last Will and Testament in Florida, he or she is said to have died “intestate.” The decedent’s estate is then distributed according to Florida’s intestacy statutes as set forth in Sections 732.101-732.111, Fla. Stat. In simplest terms, the...
The long waits and expenses associated with probate court often motivate Florida residents to seek methods for sidestepping the whole process. A transfer-on-death account presents one of those options for brokerage accounts holding stocks, bonds, and mutual fund...
Probate is the court process that oversees the distribution of an estate’s assets. A judge generally supervises the probate process. After paying off debts, the person administering the estate, often referred to as the executor, will distribute the remaining assets to...
The death of a family member or other loved one can be emotionally charged. In addition, Florida probate administration can be a complicated endeavor. There are situations in which a family member or other loved one might obtain full ownership to assets jointly owned...
Probate is the formal legal process where the court recognizes a will. It involves the court naming an individual or institution to administer the estate as directed by the will. This representative or executor must account for all assets and debts of the estate...
When a probate estate is opened in Florida, one of the requirements that the probate court can impose at the beginning is that a Personal Representative’s Bond must be posted. Often the requirement for posting the Bond must be satisfied before the Letters of...
Jurisdiction is what gives a court the power and authority over the subject matter (known as “subject-matter jurisdiction”) and over the persons involved in a divorce case (known as “personal or in personam jurisdiction.” In Florida, the Circuit Courts resolve most...
Family law matters in Florida, including divorce, parenting and timesharing of minor children, division of assets, child support, and alimony, are governed by Chapter 61, Florida Statutes, along with applicable caselaw. These matters are said to be in “chancery.” This...
In Florida, a spouse does not have to allege or prove fault in order to have their marriage dissolved. The only element required in order to get divorced in Florida is that the marriage is "irretrievably broken." In addition, the reason the marriage is irretrievably...
