This is another in a series of blog discussions of Florida's recently enacted changes to Chapter 825, Fla. Stat. which addresses exploitation of an elderly person or of a disabled adult. Elder attorneys often face questions about the use of funds held in joint...
Complex Legal Challenges
Probate
Florida guardians, trustees and powers of attorney be advised!
This is another in a series of blog entries discussing Florida's recent changes to Chapter 825 which addresses exploitation of an elderly person or disabled adult. Guardians, trustees and those acting under a power of attorney in Florida need to take note of the...
In Florida, how is exploitation of an elderly person or disabled adult defined?
By Florida law, exploitation of an elderly person or disabled adult can occur when funds, assets or property are temporarily or permanently deprived from them or are used to benefit someone other than the elderly person or disabled adult. This is another in a series...
Definition of exploitation of an elderly person or disabled adult.
In Florida, the recent amendments to Chapter 825 have broadened the definition of what constitutes exploitation of an elderly person or a disabled adult. This is another in a series of blog discussions of Florida's recently enacted changes to Chapter 825, Fla. Stat....
What constitutes exploitation of an elderly or disabled adult in Florida?
With Florida's extensive population of retired persons, the issue of exploitation of the elderly is a recurring topic. Practicing elder lawyers regularly face issues pertaining to this subject. This is the first in a series of blog discussions of Florida's...
In Florida, if someone has a bank safe-deposit box, how can the box be accessed after the person dies?
The answer depends on whether the deceased person had another person as an authorized co-lessee (or "owner") of the box and whether that person has a key. If not, resort to the probate court may be needed. When there is no co-lessee with a key, a court order is...
Under Florida probate law, is there a statute of limitations for a claim against the decedent or the decedent’s estate?
In addition to the time frame set forth in Florida's non-claim statute (contained in Section 733.702 of Florida Statutes), the Florida Probate Code establishes a two-year statute of limitations for asserting claims against the decedent and the decedent's probate...
Are there any exceptions to Florida’s “non-claim” statute?
While Florida's non-claim statute is viewed as being harsh due to its consequences if not followed in a timely fashion, there are some exceptions in which certain claims are not barred. Florida's non-claim statute set forth in Section 733.702 of Florida Statutes...
Under Florida probate law, what is the “non-claim” statute ?
Florida's probate code has a provision which is often referred to as the "non-claim" statute. Section 733.702 of Florida Statutes provides that no creditor claim arising before the death of the decedent is binding unless filed in the probate proceeding on or before...
What is the best way to title assets or property into a Living Trust in order to avoid probate?
When a person establishes a Living Trust (also sometimes called a "Revocable Trust" or an "Inter Vivos Trust"), they must "fund" the Trust in order to avoid probate. Funding the Trust means that the Settlor takes steps to make sure that his or her assets or property...