In Florida a devise in favor of a beneficiary who predeceases the testator will fail unless there is clear intent or in certain relationships. Under Florida Statute 732.603 a devise to a grandparent or a descendant of a grandparent of the testator does not lapse but would be distributed per…
In Florida, the surviving spouse is not liable for claims against the decedent. Under the common law a husband was responsible for the deceased wife’s expenses for necessities, last illness, and funeral expenses. At common law, a married woman’s legal identity merged with that of her husband, a condition known…
Although the state of Florida accepts wills created in other states when they were valid in the state where created, not all of the will may be valid. Recently, I ran across a will that named an accountant of the decedent as their Personal Representative. Several months later the decedent…
The new Jacksonville Estate Planning Lawyer Web site for the Law Office of David M. Goldman PLLC has gone live. This site will act as a hub for the Florida Estate Planning Lawyer Blog and the NFA Gun Trust Lawyer Blog. Its been a long month setting up the new…
The Florida Constitution protects one’s Homestead from creditors. One provision that is often misunderstood is a devise of a homestead in a will when there are minor children in the family. In some cases two people are getting married and one has a home and a minor child. The spouse…
What happens if you are in the middle of a partition to divide or sell property and one of the owners dies? The pending action is has no force and effect on the ownership. What doest this mean? If you own property as joint tenants with rights of survivorship and…
Florida Probate costs very based upon they type of probate, type of assets, number of creditors, number of beneficiaries and complexity of the issues involved. Generally a simple Florida Probate which only involves a homestead is around $1500-$1800 dollars and can take 30 to 90 days on average to complete.…
If I am the PR of a Florida Estate Planning, do I have to pay income taxes on the money I receive? The short answer is yes you do. These fees are considered an expense of the estate and unless you qualify for an exemption, you would have to report…
There are many places to get advice on the Internet. Be sure when you are looking for legal advice, you are working with a licensed lawyer. Below is the finding of the Ohio State Bar in regards to one such service. We the People is a franchise that provides forms…
In Florida when an individual left their Florida Will in a bank vault or safety deposit box a court order is necessary to open the box unless there is a joint owner on the account. The process involves having a judge issue an order to inspect the contents of the…