When a Florida resident dies without a Will, and has a spouse, the intestate share of the surviving spouse depends on the make-up of the decedent's descendants--children, grandchildren, etc. If a person dies without a Will in Florida, it means that they died...
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Month: November 2013
In Florida, must a Personal Representative be represented by counsel?
In Florida, if there are beneficiaries of an estate other than the Personal Representative, then the Personal Representative must have an attorney. In Florida, when the beneficiaries of the estate includes persons other than the Personal...
In Florida, is there a deadline to object to the validity of a Will?
In Florida, a person has three months after receiving the Notice of Administration within which to object to a Last Will and Testament. In Florida, a Will can be challenged only after the death of the Testator or Tesatrix (the person who signs the Will). After a...
Challenging a Will in Florida
Most often, contesting a Will in Florida, as in most states, is based on allegations of undue influence, fraud, duress, or mistake. In Florida, a Will cannot be challenged until after the death of the testator or testatrix--the person making the Will....
What are the duties of a Trustee in Florida?
In Florida as in most states, a Trustee has a fiduciary duty to administer the Trust according to the terms of the Trust. This is an extremely high standard of care. A trustee is an individual or entity that holds property for the benefit of another. Trustees are...