In Florida the personal representative is appointed by a court and does not become a personal representative until appointed even if they are named as the personal representative in a decedent’s Will. The court will look first to any Will that specifies the priority of a Florida personal representative. If…
Is your pet a member of your family? If so, you will want to read this article. Do you know what would happen to your pet if something happened to you? Many pet owners have not considered the fate of their pet. After all your pet state laws have not…
If you die without a will in Florida, your ex-wife has no rights to any of your personal property unless you have her named a beneficiary in a will or trust or your personal accounts have her listed as a joint account holder or a beneficiary on an account. Generally…
The recent decision of a Florida appellate court has shed some light on a little discussed aspect of tort and probate law in the state of Florida. The Third District Court of Appeals ruled in the case of Saewitz v. Saewitz that to sustain a prima facie case for tortious…
Joseph Percope has written an article The Impact of Co-ownership on Florida Homestead in the Florida Bar Journal that discusses the tree kinds of homesteads defined in a 1997 Florida Supreme Court case: The tax exemption; The Protection from Creditors; and The restrictions on alienation of homestead property in Florida.…
Historically a Florida Will could not be changed and had to be strictly complied with by in a Florida Probate. A recent change to Florida Probate allows for the court to step in and change the terms of a person’s will when there is no question about what the terms…
There are very limited opportunities to establish paternity after the death of a parent but it is possible to do so as long as the mother was not married at the time the child was born and no paternity has been previously established. According the Florida Department of Heath, if…
The Florida Slayer Statute bars a murderer from profiting off the victim’s assets. The victim’s assets which are subject to a Florida Probate pass as if the murderer had predeceased the victim and other jointly held assets are severed so that the victim and murder each owned 50%. One problem…
We often get asked questions as a Ponte Vedra Beach Probate Lawyer about inheriting debt. Just as you can inherit property and other assets from a Florida Estate, it is possible to inherit the debt that is associated with the property. When the debt associated with an asset is worth…
The number of death certificates you will need will vary greatly depending on the amount and number of assets that the person had at the time of death. Most insurance companies, banks, & many creditors will request a death certificate. In addition, you will need a death certificate (short form…