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…
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…
Florida Estate Settlement is the process of gathering the assets of an estate and distributing them to the creditors and beneficiaries of the estate. In Florida this process is called a probate and generally requires the use of a Florida Probate Lawyer. Most probate lawyers charge a percentage of the…
Florida probate cases often involve situations where the decedent has step-siblings or half blood siblings. Under Florida’s intestate statutes a step brother or sister would not receive any share of the decedent’s estate, but a half blood (one related by one parent) would receive 1/2 as much as a child…
Greedy Trustees can be a problem in Florida Probate Litigation and Florida Trust Litigation. Often the Trustee must be removed to resolve the issues. Adrian Thomas a Florida lawyer who deals with Florida Trust and Probate Litigation sent me an article where he discusses individual and corporate trustees. Often banks…
There is a new site which is putting together a list of Estate Planning and Probate professionals including lawyers for each state. You can find them at www.Estate-Attorneys.net.
If a person’s usual place of dwelling was in Florida then the original probate should be opened in Florida. We see cases where someone is in the process of or has just moved to Florida and the issue of where to open a probate becomes more complex. In those instances…
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…