As an estate planning attorney, I often have clients ask whether their estate will be subject to taxation at the time of death. Answering this question is something that involves numerous considerations and therefore a person should seek specific legal and financial...
Complex Legal Challenges
Elder Law
In Estate Planning, what does it mean if a gift or devise lapses?
In estate planning, a common phrase used in a Last Will & Testament or a Living Trust is that a gift or devise will "lapse." So what does this mean? In the estate planning context, when a gift lapses, it ceases or is extinguished. The lapsing of the gift is...
Saving Your Loved Ones’ Time, Money and Stress: Four Important Asset Categories
When a person dies resident in Florida, there are four basic categories into which each of their assets or properties fall. Experienced estate and probate attorneys know that where an asset falls among these categories will determine what action must be taken to...
In Florida, is the original Will needed for Probate?
As estate attorneys, we often encounter a situation where a person is deceased and the original of their Last Will and Testament cannot be found. Often, the family suspects that the original has been lost or misplaced--not that it was intentionally destroyed by the...
Resolving Creditor Claims in Florida Probate
When a Florida resident dies and owes creditors (such a credit card balances or medical bills), Florida probate procedures establish a mechanism to resolve those creditor claims. The process starts by having the Personal Representative of the estate sign a document...
In a Florida Probate, What is a Caveat?
A "caveat" is a notice which can be filed with a Florida probate court which gives notice that certain actions may not be taken without informing the person who gave the notice. Florida law provides that any interested person who is apprehensive that an estate,...
What is Probate Litigation?
In Florida, probate is a court proceeding which administers a deceased person's estate. It may be done either testate--with a Will--or intestate--without a Will. The probate process is usually referred to as "administration" of the estate. However, in addition...
Proving Undue Influence in Florida Will Contests
A "Will contest" is an action to challenge the validity of a Last Will and Testament. In Florida, perhaps the most common basis for challenging a Will is grounded on allegations of "undue Influence." Undue influence, such as would void a Will, has been defined to...
Does Life Insurance Go Through Probate?
As a probate and estate attorney, I'm often asked whether life insurance goes through or is subject to probate. The answer is usually "no." Life insurance is one of those assets that does not normally go through probate. This is due to the fact that the policy names a...
In Florida, Can I Leave My Estate To Whomever I Choose?
As an estate planning lawyer in Florida, I'm often asked by clients if they can leave their estate to whomever they choose. For the most part, a person can leave his or her estate to whomever they choose but there are some exceptions. Florida has certain laws...