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If you've recently moved to Florida, take some time to update your estate plans. According to U.S. law, your will doesn't have to be written in your state of residence to be declared legally valid. However, every state has different rules for estates and inheritances,...
If you have a living trust in place as part of your estate plan or are thinking about establishing a living trust, you may also wish to create a pour-over will. Pour-over wills are useful if you don’t want to place all of your assets into a living trust at one time. A...
With every will, there is a possibility that the heirs may disagree with the allocation. When assets are significant or livelihoods at stake, such as with shares or control of a family business, the likelihood of probate litigation grows. Under normal circumstances, a...
Consider a situation where Uncle Charlie prepares a Will intending to leave his home located at 1313 Mudbird Lane to his nephew, Jim, and the reminder of his estate (called the residue) to his other nephew, Tom. In lawyer's terms, the gift to Jim is a specific devise...
Many people believe that as long as they have a last will and testament, then probate will be unnecessary. While not having such a legal document in place will certainly require probate, official confirmation is needed in certain circumstances. The importance of...
In estate planning, the terms used in a Will or Trust often have special meaning. The term “devise” is a good example. The term is commonly used in Florida estate planning. When we draft Wills and Trust, clients often ask what the term means. Section 731.201 (10),...
Not every person takes steps to draw a will or take part in other estate planning steps. Failing to do so might rank among the most common estate planning steps to make since estate assets' distribution then falls under Florida's intestate laws. The result might not...
The year 2020 has been rough on everyone. Many people have been faced with unexpected illness and, in some cases, death. But 2021 is now upon us and with the New Year comes hope for better times. The New Year also brings with it a time of reflection and of resolve to...
Most people have heard the term “probate” but it is surprising how many don’t really understand what it means. In Florida, the term “probate” has several meanings depending on the context in which the term is used. First, probate is the judicial process whereby a Last...
If a person dies and leaves their house to more than one adult child, what happens if the children cannot agree on whether to sell or keep the property? In the past, if the children could not agree, the only viable solution was for a partition action to be filed...
