When moving state-to-state, whether to or from Florida, it is advisable to have your estate documents reviewed by an estate planning attorney.
In Florida, the recent amendments to Chapter 825 have broadened the definition of what constitutes exploitation of an elderly person or a disabled adult.
Section 736.0706 of Florida Statutes provides for the removal of a Florida trustee under certain circumstances.
In most instances, courts are not involved in the administration of a Trust.
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.
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.
In Florida, the publication of a Notice to Creditors triggers a deadline for creditors of a probate estate to file their claims.
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.
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.
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.