When a probate estate is opened in Florida, one of the requirements that the probate court can impose at the beginning is that a Personal Representative’s Bond must be posted. Often the requirement for posting the Bond must be satisfied before the Letters of...
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Month: April 2021
Jurisdiction over a divorce in Florida: Can you file here?
Jurisdiction is what gives a court the power and authority over the subject matter (known as “subject-matter jurisdiction”) and over the persons involved in a divorce case (known as “personal or in personam jurisdiction.” In Florida, the Circuit Courts resolve most...
Family Law Courts are Courts of Equity
Family law matters in Florida, including divorce, parenting and timesharing of minor children, division of assets, child support, and alimony, are governed by Chapter 61, Florida Statutes, along with applicable caselaw. These matters are said to be in “chancery.” This...
What does it mean that Florida is a No-Fault Divorce State?
In Florida, a spouse does not have to allege or prove fault in order to have their marriage dissolved. The only element required in order to get divorced in Florida is that the marriage is "irretrievably broken." In addition, the reason the marriage is irretrievably...
How a will helps you in the long run
Estate planning is crucial if you want to ensure that your wishes are carried out in regard to your property when you pass on. At the heart of an estate plan for many people in Florida is the drafting of a last will and testament. There are a number of ways in which a...
Misuse of a Durable Power of Attorney
In Florida, a commonly used estate planning instrument is known as a “Durable Power of Attorney” (“DPOA”). This instrument is executed by a person whereby he or she appoints an agent to act on their behalf on personal, business, and financial matters. The DPOA is...
Estate Planning in the Face of a Divorce: Update Your Estate Documents
When a married person is facing divorce, updating their estate planning documents is a must. Why? Because of the potential ramifications in the event of an illness, incapacity, or death. Most married couples name their spouse on their estate documents. This might...
What are non-probate assets?
Non-probate assets are properties that bypass the probate process in Florida, which includes retirement accounts like IRAs and 401(k)s. Life insurance proceeds are also non-probate assets. All properties that are held in a living trust and funds in a payable-on-death...
