Complex Legal Challenges
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...
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...
In Florida, the publication of a Notice to Creditors triggers a deadline for creditors of a probate estate to file their claims. In a Florida probate, a Personal Representative must promptly publish a Notice to Creditors. The Notice should contain the name of the...
The eight classes of obligations in a probate estate are paid, beginning with class 1 and proceeding downward . Each class must paid in full before proceeding to the next class. Florida Statutes Section 733.707 sets forth eight classes which establish the order...
When determining the order of payment, a Personal Representative of a Florida probate estate must look at eight classes of claims. Each class of claims is paid in descending order before progressing to the next class. In Florida, the Personal Representative of a...
A "spendthrift provision" is a provision in a Trust or a Will that protects a beneficiary from assigning away his or her inheritance and it also protects against a creditor attaching the beneficiary's inheritance. A "spendthrift provision" is a provision in a...
Trustee compensation in Florida is determined first by the terms of the Trust, then by what is reasonable under the circumstances. In Florida, if the terms of a Trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable...
Under certain conditions, the principal place of administration of a Trust can be designated in the Trust itself. However, certain limitations may apply. In Florida, one of a Trustee's duties include declaring the principal place of administration of a Trust. The...
In Florida, in order for a Will to be enforceable, it must be signed by the testator/testatrix in front of two witnesses. Florida law requires that when a Will is executed by a testator/testatrix, it must be in the presence of two witnesses. Essentially, the Will must...
With two exceptions, in a formal Florida probate, a Personal Representative must be represented by an attorney. When a formal probate is filed in Florida, one of the first steps is for the probate court to appoint a Personal Representative, This is the person who will...