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…
The Fourth District Court of Appeals recently handed down a decision which may impose new requirements on probate plaintiffs who are challenging trusts. In Pasquale, Jr. v. Loving, et. al., the Court held that if a person is contesting a trust, the contestant must also contest the will if the…
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…
A Florida Enhanced Life Estate Deed (sometimes called “The Lady-Bird Deed” is a tool used by Florida Estate Planning Attorneys, Florida Elder Law Attorneys, and other by Florida Lawyers to preserve the homestead for the benefit of the family and avoid a Probate in Florida. Upon the death of the…
The fight for Jacksonville equality is reaching its crescendo. The Jacksonville City Council will soon consider legislation presented to them which if passed would offer protections to the LGBT community. Currently, the Jacksonville human rights ordinance does not provide protection for the gay community. That means that those persons who…
Florida statutes define probate assets as those assets subject to a probate administration. There are several types of Probate in Florida which are discussed in our Free Florida Probate Handbook that you can request. Often it is easier to define which assets are not subject to probate. In Florida any…