When a formal probate is opened in Florida, the court will appoint a person to serve as Personal Representative (in other states, this is sometimes refer to as an “Executor” or “Administrator”). A common question which we run into in our estate practice is “Who is...
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Deposit of Last Will and Testament with the Clerk
When a person dies resident in Florida, their original Last Will and Testament (“Will”) must be deposited with the Probate Division of the Clerk of Court of their county of residence. The applicable statue governing this procedure is Section 732.901, Fla. Stat....
Is a Trust the Same Thing as a Will?
In our estate planning practice, we often are asked whether a Trust is the same thing as a Last Will and Testament (“Will”). If fact, many times we hear clients refer to them interchangeably. However, a Will and a Trust are not the same. Understanding their...
Contesting a will in probate court
When a person dies without a will in Florida, that person’s assets will be passed to the person’s spouse and/or family members in accordance with Florida law. When someone does have a will, that will must be filed in probate court before any assets are distributed,...
The purpose of probate and how to avoid it
Assets that are left in a Florida resident's estate after he or she passes may be subject to probate. The goal of a probate proceeding is to validate a will or answer questions as to who has the strongest claim to receive some or all of a deceased person's estate. If...
Compensation for Administering a Probate Estate in Florida
When a person dies resident in Florida, a formal probate estate is often required. In a formal probate, the probate court appoints a “Personal Representative.” Some people refer to this person as the “Executor” but the correct name in Florida is Personal...
Rights of a Surviving Spouse: Florida’s Elective Share
In Florida, a surviving spouse has certain protections in the event his or her spouse dies and does not leave the surviving spouse an acceptable portion of the deceased spouse’s assets. In simple terms, these protections prevent a surviving spouse from being totally...
Be Cautious When Using Joint Account Ownership and POD Designations
In our estate planning and probate practice, we often see situations where clients will add a loved-one on to their bank account as joint account owner or will make a “Pay-on-Death” (“POD”) designation. The reason for this is often either for convenience or to avoid...
Is an inheritance taxable in Florida?
In our estate planning practice, we commonly have clients ask “Will I be taxed if I receive an inheritance from a loved one?” In order to answer this question, there are a couple of things that will help you understand how taxes come into play when someone dies and...
Should I transfer my Florida homestead into my Trust?
Many Florida estate plans include setting up a revocable living trust (“Trust”). One advantage of having a Trust is that it avoids assets or property having to go through probate. In order to be effective, once the Trust is executed, certain assets need to be...
