Month: May 2014

While Florida's non-claim statute is viewed as being harsh due to its consequences if not followed in a timely fashion, there are some exceptions in which certain claims are not barred. Florida's non-claim statute set forth in Section 733.702 of Florida Statutes...

Florida's probate code has a provision which is often referred to as the "non-claim" statute. Section 733.702 of Florida Statutes provides that no creditor claim arising before the death of the decedent is binding unless filed in the probate proceeding on or before...

When a person establishes a Living Trust (also sometimes called a "Revocable Trust" or an "Inter Vivos Trust"), they must "fund" the Trust in order to avoid probate. Funding the Trust means that the Settlor takes steps to make sure that his or her assets or property...

If the Settlor does not take the steps necessary to fund a Living Trust, in most instances a probate will be necessary in order to allow the transfer or liquidation of the Settlor's assets. This would apply to most assets which are titled only in the Settlor's...

When a person establishes a Living Trust (also sometimes called a "Revocable Trust" or an "Inter Vivos Trust"), they have only taken the first step in implementing the Trust. The next step is to "fund" the Trust. When a Trust is first set up, it generally has nothing...