Complex Legal Challenges
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...
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,...
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...
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...
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...
Prior to 1985, when it came to real estate sales, Florida, like many states, applied the legal principle known as "caveat emptor" or "buyer beware." In essence, that meant that when a buyer bought a property, they did so at their own risk as far as the condition of...
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...
In today's modern age, we have the benefit of amazing technology. We can fly half-way around the world in less than a day. We can travel virtually anywhere by "planes, trains and automobiles." However, this technology also comes with risks especially when persons,...
A familiar term often used in estate planning discussions involves a "TOD" or "POD" designation. These abbreviated designations of "Transfer on Death" and "Pay on Death" and are usually used in the context of certain financial accounts such as checking,savings, or...
When estate planning lawyers set up a Living Trust for a client, they should advise the client to take steps to transfer their assets--such as bank accounts--into the Trust. This process is called "funding" the Trust. Often when funding the Trust, a client will be...