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Articles Posted in Probate

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You Thought the IRA was Protected From Your Kid’s Creditors!

Last week, The Supreme Court unanimously ruled that the funds contained in an IRA are not protected from creditors after bankruptcy. You may need to reevaluate how your estate plan deals with your IRA. If your beneficiaries live in Florida, this may not be a concern because the Florida Legislature…

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Probate: Do Stepchildren Inherit from the Will like Biological children do?

In today’s world, it is common to see blended families full of biological and stepchildren. It is crucial for parents, who wish to leave an inheritance to their stepchildren, make a will or trust because stepchildren do not have the same inheritance rights as biological children. Florida’s probate laws do…

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Florida Probate Law: The Risks of Avoiding Probate Through Changing Ownership

Probate is the system the court uses to administer a person’s estate, either through a will or through intestate succession. Clients often ask for ways to avoid the probate process, such as adding a child to their bank account or adding the child’s name to the deed. Adding a Child…

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Probate Law: Can a spouse be disinherited from a will?

Modern estate planning has changed with the fabric of the modern American family. It is more common to now see scenarios such as estranged parents who stay married to raise children, or even married couples that live their lives completely separated from each other. A common question asked by many…

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Florida Probate: Who gets the engagement ring when the fiancé dies before marriage?

Throughout the world, the engagement ring is known as a symbol of the love shared between two people who intend to marry. Engagement rings are expensive and often one of the most valuable assets a person will owns. However, marriages in today’s world don’t always last, and a big issue…

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Who has the right to make funeral / burial arrangements in Florida?

Who has the right to make funeral / burial arrangements in Florida? Florida Statute 497.005 defines human remains and who is the legally authorized person to dispose of the human remains. 38) ”Human remains” or “remains,” or “dead human body” or “dead human bodies,” means the body of a deceased human…

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