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,...
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Month: January 2021
A pour-over will can help supplement a living trust
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...
Probate litigation and family businesses
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...
Reformation of a Will, Correcting Mistakes After the Person Dies
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...
When is it necessary to probate a will in florida?
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...
Under Florida Estate Law, What Does the Term “Devise” Mean?
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),...
