In Florida what happens to a person’s assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent’s estate is dealt with under Florida’s Intestate statutes. Even if a Florida resident dies intestate, the decedent’s assets will be transferred to…
In Florida what happens to persons assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent’s estate is dealt with under Florida’s Intestate statutes. Even if a Florida resident dies in intestate, the decedent’s assets will be transferred to…
When a decedent’s assets go into probate in Florida the Florida Probate Case will be in the county court where the decedent maintained his or her domicile. Pursuant to Florida probate law a judge will normally decide and rule on the validity of a will. The judge will also rule…
In Florida, if you were married when a will was created by your spouse, a subsequent divorce will treat you as predeceasing your spouse in most cases. Even if you were living with your ex spouse, engaged, or had a new wedding date planned, a will executed before the divorce…
I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advice of counsel and the problems with online document preparation services like LegalZoom and…
I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advice of councel and the problems with online document preparation services like LegalZoom and…
The provision allowing IRA owners over age 70 ½ to transfer up to $100,000 of their IRA directly to charity has been RETROACTIVELY extended through the end of 2009 (as if it never expired). This provision was part of the massive bailout legislation officially known as the “Emergency Economic Stabilization,…
On September 26, 2008, the FDIC issued interim final regulations entitled Deposit Insurance Regulations; Living Trust Accounts. The interim rules amend 12 CFR 330 were effective immediately. The New regulations make it much easier to determine coverage when the bank has less than $500,000 under the trust and trustee’s accounts:…
In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court stated to raise the presumption of undue influence, a plaintiff must show a confidential relationship between the donor and the donee and active procurement of the gift. Because courts have found that a confidential relationship…
How do you find a Florida probate Attorney? It is important to look for an attorney within the state where the decedent was domiciled at the time of their death. The type of lawyer that should be used will depend on what the case will involve. If there is expected…