In our estate planning practice, we often have clients who are concerned about how their beneficiaries will use the assets which they will inherit. Sometimes the concern arises out of some personal problem of the beneficiary such as substance abuse; they don’t want...
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Month: February 2021
Statute of Limitations for Claims against a Florida Estate
When a person dies resident in Florida, is there a statute of limitations limiting when a creditor can no longer enforce a debt or claim against the decedent or the decedent’s estate? The answer is in the affirmative. Section 733.710, Fla. Stat. provides that “…2...
Can a Creditor Petition to Open a Probate in Florida?
When a person dies domiciled in Florida, in order to administer his or her estate, a probate often must be opened. The question arises, who can petition to open a probate of the decedent’s estate? Certainly, a spouse or beneficiary could do so. But what about a...
How can you discourage will contests?
When you start writing your will in Florida, you might want to leave certain family members out of the document. Unfortunately, disinheriting them might encourage them to contest the will after you're gone, even if you include a no-contest clause. Here's how you can...
The Role of Death Certificates After a Person Passes Away
When a probate is being opened, one of the documents required by the probate court is a death certificate. Similarly, a death certificate will be needed when claiming life insurance benefits or collecting beneficiary designations. In Florida, there are two types of...
