Complex Legal Challenges
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...
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...
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...
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...
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...
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....
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,...
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, 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 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...