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In our law practice, we often hear people contact us saying they need a divorce but that it will be “uncontested.” Sometimes they are correct in saying this but in other cases, they don’t really understand what an uncontested divorce means. The meaning is broader than...
Residents of Tampa and other areas of Florida may want to learn more about what situations make probate necessary. Laws vary from state to state, but Florida has a streamlined process for estates under $75,000. Estate planning is easier with a knowledge of the...
We often hear parents who are seeking a divorce use the term “child custody.” The fact of the matter is that the term custody is no longer used in Florida dissolution of marriage proceedings. Instead, the terms “parental responsibility” and “time-sharing” cover what...
People across the U.S. are eager to return to a sense of normalcy and look forward to a fun summer after an especially tumultuous year. Families will be traveling to Florida for a vacation; stores will be opening up; residents will be getting together with neighbors...
Florida residents who want to craft a will need to have testamentary capacity to do so. If they lack this necessary attribute, their will may be contested upon their death. Understanding what testamentary capacity is can help to explain why it's mandated by the state...
One major issue which must be addressed in a Florida divorce involves alimony. In simple terms, alimony is money paid by one ex-spouse to the other to assist with that person’s support and living needs after the divorce. Prior to December 31, 2018, alimony payments...
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...
