As estate lawyers, we often see clients who use the terms DNR ("Do Not Resuscitate") and Living Will almost interchangeably. However, in Florida, they are different in many ways.
Section 736.0706 of Florida Statutes provides for the removal of a Florida trustee under certain circumstances.
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, if there are beneficiaries of an estate other than the Personal Representative, then the Personal Representative must have an attorney.
In Florida as in most states, a Trustee has a fiduciary duty to administer the Trust according to the terms of the Trust. This is an extremely high standard of care.
A Personal Representative has many duties that must be carried out in accordance with Florida Probate Law. These duties include gathering estate assets, determining and resolving estate liabilities, paying any taxes, distributing the estate assets to beneficiaries and closing the estate.
Many times when a person dies in Florida, family members may ask whether the person's Last Will and Testament is recorded anywhere. In most instances, a Will is not recorded while a person is living.
In Florida, there are two types of probate: summary administration and formal administration. These are also known as summary probate and formal probate.
There are at least three situations where probate is required in Florida.
For any assets which have either a beneficiary designation, a pay-on-death ("POD") designation, or a transfer-on-death ("TOD") designation, probate is not necessary. At the death of the owner, these assets will be paid or transferred directly to the named designee.