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...
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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),...
A Great Resolution for the New Year—Get Your Estate Planning in Order!
The year 2020 has been rough on everyone. Many people have been faced with unexpected illness and, in some cases, death. But 2021 is now upon us and with the New Year comes hope for better times. The New Year also brings with it a time of reflection and of resolve to...
What does the term “probate” mean in Florida?
Most people have heard the term “probate” but it is surprising how many don’t really understand what it means. In Florida, the term “probate” has several meanings depending on the context in which the term is used. First, probate is the judicial process whereby a Last...
Florida’s Uniform Partition of Heirs Property Act
If a person dies and leaves their house to more than one adult child, what happens if the children cannot agree on whether to sell or keep the property? In the past, if the children could not agree, the only viable solution was for a partition action to be filed...
Can A Will or Trust Require Arbitration of Disputes in Florida?
If you’re ever entered into a contract, one provision that you may have seen is one requiring that any disputes involving the contract must be resolved through arbitration. In some cases, but certainly not all, arbitration can be less protracted and less expensive...
Take Two Important Steps to Protect Your Minor Children
For most of our clients who have minor children, if asked what matters most in life, they respond “our kids.” If you have minor children, would you agree with this? There’s something special about the relationship between a parent and his or her children—especially...
Adult Child with a Disability? Petition for Appointment as Guardian Advocate
Parents with children who have disabilities such as autism, cerebral palsy, or Down syndrome, among others, will face a dilemma when those children become adults at age 18. The parents will no longer have authority or power to act on behalf of those adult children....
in a formal probate, does the Personal Representative need an attorney?
In our probate practice, we are often asked this question of whether the Personal Representative needs an attorney in a formal probate in Florida. [A formal probate is a full-blown probate that typically applies when the estate--not including the homestead--exceeds...
Florida Probate: Dead or Alive? Proof is Required
In order to probate the estate of a deceased person, one of the necessary criteria to be proven is that the person is, in fact, deceased. In most instances, establishing this is not a problem if you have an authenticated copy of the death certificate. This is usually...
