If your last parent in Florida has passed away leaving their Jacksonville home, how do you proceed if you want to sell the house? A Florida deed transfers title to real property from one person(s) to another. Generally before anyone will purchase a property, they will require clear title to…
Articles Posted in Probate
We Were Named One Of The Top 25 Estate Probate and Elder Law Blogs of 2011
I would like to thank everyone who voted for us. We were selected on of the Top 25 Estate Planning Blogs of 2011. Now LesixNexis is selecting the top estate planning blog of the year and you still have the opportunity to vote for us one last time. Even if…
Who Gets Your Last Paycheck?
Florida Statute 222.15 – Wages or unemployment compensation payments due deceased employee may be paid spouse or certain relatives. (1) It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband,…
A Cautionary Tale, will your Will be Admitted to Probate?
[Florida Probate: The court supervised process of gathering the deceased person’s assets and distributing them to their beneficiaries.] You know the importance of having your last will and testament prepared. -You’ve heard those ads telling you to prepare your will yourself.-You think that having an attorney prepare your will is…
To Be Florida Homestead or not To Be Florida Homestead
Atlantic Beach, Neptune Beach and Jacksonville Beach homeowners may know that the Florida Homestead Protection mandated by the Florida Constitution, is afforded to many residents. This homestead protection protects one’s home from the claims of most creditors. Further, if one dies leaving minor children, then the home cannot be devised…
“Do it yourself” Wills: Prepare According to Florida Law
Preparing your will without the assistance of a Jacksonville Estate Planning Lawyer may cost your family future trouble and costs. Your Will must be clearly worded, otherwise, your intentions may be disputed by family members. A Florida Will contest may result in a lengthy and expensive court battle, which is…
Estate Tax, Inheritance Tax, What about Both?
According to a Market Watch article by Bill Bischoff, on the Worst Places to Die, New Jersey Tops the list with a combined effective estate and inheritance tax rate of 54.1 %. Estate tax is bad enough but several states have an inheritance tax. Yes you could actually leave money…
A Florida House Divided
As a Jacksonville Beach Probate Attorney, I often hear the disheartening accounts of people who own or buy Florida property together and then have a falling out. If co-owners (who are not married) can’t agree to live together or how to handle the property, Florida law allows for a partition…
Half-siblings beware, you may have to share your Inheritance
An Orange Park daughter loses her mother and only then realizes that the deed to the family home was in her father’s name, alone. Her father had children from a previous marriage, her father died many years ago, and her father did not leave a Will. According to the Florida…
No Florida WIll Contest Can Fix This Problem.
When you have a blended family or children from different marriages it is very important to have estate planning that deals with the various possibilities. All to often the standard will or generic documents can produce undesired results. Take for example a Husband and Wife who each have children from…