Florida Probate is a legal process through which your Florida Probate Lawyer / Attorney files documents so that the following can happen (a) a judge determines whether or not the decedent’s will if any is valid; (b) a personal representative is appointed to: (1) collect the decedent’s assets in his…
In Florida wills, Florida Trusts, and Florida Estate Planning it is important to deal with Pretermitted children. Make sure your Florida Estate Planning Attorney and the estate planning documents deal with them or you can have unexpected results. A Pretermitted Child A child by birth or adoption who became a…
A Florida Power of Appointment is a right given to another in a written instrument, such as a will or trust that allows the other to decide how to distribute your property. The power of appointment Can be a general power of appointment if it places no restrictions on who…
Letters Of Administration: In a Florida probate that involves full or ancillary administration, Letters of administration are issued by the probate judge to a personal representative, showing that the personal representative has the authority to act on behalf of an estate. Once letters are issued the Personal Representative many not…
Legally Incapacitated Person: A person who has been determined by a court as not capable of handling his or her personal and financial affairs. A Florida Durable Power of Attorney, Florida Trust, Florida Guardianship, Florida Designation of Health Care Surrogate all deal with Legally Incapacitated persons. One may not be…
Intestate property will pass to the decedents heirs. In Florida if a person has a surviving spouse and of their children are also children of the spouse, the surviving spouse will receive the first $60,000 then 50% of the remainder. If the decedent had any children that were not children…
In Florida Probate cases the personal representative may still have to pay past due taxes on Intangible Personal Property: The value of such property is not derived from the property itself but what it represents. For example types of this property include cash, stock, bonds, mutual funds, and bank accounts.…
A Florida Holographic Will: A will written entirely in the testator’s own handwriting. NOTE Holographic wills are not valid in Florida unless they comply with the statute of wills and Florida statute 732.502, even if they were valid in another state when created. All other wills are valid in Florida…
The Florida Homestead exemption: In Florida, this refers to a surviving spouse’s or lineal heirs right to receive the primary residence of their family member free of claims from creditors other then perfected security interests on it such as the mortgage. In Florida there is no limit to the value…
In Florida Estate Planning, Florida Guardianship Proceedings, and Florida Probate cases it is often necessary to setup a full or plenary guardianship. Guardian: an adult appointed by a surviving parent in his or her will or by a court, who is responsible for a minor child or legally incapacitated person’s…