If the Settlor does not take the steps necessary to fund a Living Trust, in most instances a probate will be necessary in order to allow the transfer or liquidation of the Settlor's assets. This would apply to most assets which are titled only in the Settlor's...
Complex Legal Challenges
Probate
What does it mean that a Trust has been funded?
When a person establishes a Living Trust (also sometimes called a "Revocable Trust" or an "Inter Vivos Trust"), they have only taken the first step in implementing the Trust. The next step is to "fund" the Trust. When a Trust is first set up, it generally has nothing...
In Florida, may a Trustee of a Trust be removed?
Section 736.0706 of Florida Statutes provides for the removal of a Florida trustee under certain circumstances. Under this statutory section, the settler (the person setting up the trust), a co-trustee, or a beneficiary of the trust may request that the applicable...
What does it mean when a Last Will and Testament is self-proving?
In Florida, when a Last Will and Testament is submitted to probate, it must first be found to have been properly executed. For a Will to be properly executed in Florida, it must been signed by the testator/testatrix and two witnesses all in the presence of each other....
What is required to validly execute a Last Will and Testament in Florida?
When a person goes to the trouble of preparing a Will and executing it, it is important that the Will be signed in such a way that it is enforceable. Under applicable law, a Last Will and Testament executed in Florida must be signed with certain formalities. First,...
With Florida homestead property, what happens when a married person dies intestate and has children from a prior marriage?
When a person dies intestate in Florida leaving a spouse and lineal descendants, Florida probate law addresses what happens to homestead property. If a married person dies in Florida owning homestead real estate in their individual name-as opposed to jointly with...
In Florida, what are Letters of Administration and how does someone get them?
In Florida, Letters of Administration allow the probate estate to be administered by the Personal Representative. Letters of Administration are a type of court order issued by a probate court in connection with a formal probate. The Letters of Administration are...
In Florida, is the administration of a Trust court supervised?
In most instances, courts are not involved in the administration of a Trust. As a general rule in Florida, unless the Trust instrument requires court supervision, the administration of a Trust is not court supervised. This is one of the benefits of having a Trust. Not...
Does divorce have any impact on a Last Will and Testament?
When a person gets divorced in Florida and has a Will, the divorce essentially negates any rights under the Last Will and Testament as they relate to the former spouse. When clients get divorced and have a Last Will and Testament ("Will") naming their spouse as...
What property is exempt under Florida probate?
In Florida probate, certain types of property are exempt and will be received by the surviving spouse, if there is one, and if there is no spouse, then by the decedent's children. However, steps must be taken to protect entitlement to exempt property. If a decedent...