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Category: Wills

Who Can Execute a Will or Trust in Florida When Capacity Is in Question?

One of the most common questions I hear as a Florida estate planning attorney is whether a person with memory issues or early cognitive decline can still legally sign a will or trust. It is a question that affects many families because people are living longer and may experience years of mild impairment before they lose the ability to make legal decisions.

Pretermitted Spouses and Children in Florida Probate

Florida’s Probate Code protects family members who appear to have been unintentionally left out of a will because of events that happened after the document was signed. These protections live in the pretermitted spouse and pretermitted child statutes and they can reshape an otherwise tidy estate plan. A pretermitted spouse is a person who marries […]

Enhanced Life Estate Deeds in Florida – A Bird’s Eye View on Ladybird Deeds

An Enhanced Life Estate Deed, commonly referred to as a Lady Bird Deed, is an advantageous legal instrument that automatically transfers real property to a designated beneficiary upon the owner’s death. This deed allows the owner to maintain full control over the property during their lifetime while avoiding the need for probate to transfer ownership […]

When There’s a Will There’s a Way: Florida Last Will and Testament by Jena Conley, Palm Coast Attorney

A will is a written document controlling the disposition of property after death. Wills are essential if you wish to control who your property goes to and how it is distributed after you pass away. Without a valid Last Will and Testament, your property will be distributed according to Florida’s intestate succession laws, which might not align with your individual wishes.

Wills vs. Won’ts: Understanding the Impact of a Will By Matthew Shapiro, Daytona Beach Attorney

The passing of a loved one is always a difficult time, and dealing with the legal complexities that follow can make it even more challenging. One of the key aspects that often comes into play is whether the deceased died testate or intestate. These terms might sound technical, but understanding them can significantly ease the process of managing an estate, especially in Florida.

Navigating Probate Courts: Unraveling the Complexities of Estate Settlement

Probate court, often shrouded in mystery and misconception, plays a crucial role in the legal landscape when it comes to settling the affairs of a deceased individual.

Understanding Living Wills and Healthcare Surrogates in Florida: Empowering Your Healthcare Decisions

Estate planning includes decisions related to healthcare. In Florida, living wills and healthcare surrogates are essential tools for ensuring that your medical wishes are honored when you cannot express them yourself. In this blog post, we will explore the purpose and significance of living wills and healthcare surrogates, highlighting their benefits and key considerations when creating these documents.

The Significance of Having an Original Will and the Presumption that is Raised When an Original Will is Lost

A will is a legal document that outlines how a person's assets will be distributed after their death. It is a crucial document for anyone who wants to ensure that their wishes are followed and their assets are distributed as they intended. However, the validity of a will can be called into question if it is not an original document. This is because there is a legal presumption that when an original will cannot be found (and was last in the possession of the testator) that it was intentionally destroyed. This presumption can have significant implications for the distribution of assets and may lead to a legal dispute, resulting in additional costs, delays, and stress for loved ones.

Is Silence Golden? The Case for Sharing Your Estate Plan

The holidays are here. A time for family, for friends, and for gathering around the table to feast. But what would a gathering be without certain taboo topics? No, not politics. I’m talking about inheritance and estate planning. Who is in the Will, who has been omitted, and who has work to do if they want to stay off the naughty list?

Using Beneficiary Designations to Avoid Probate

When it comes to estate planning, the primary goal of most clients is to eliminate the need for probate. Although a jack of all trades, probate is primarily a court proceeding designed to lawfully transfer certain assets previously owned by a deceased person. Probate is by no means a terrible undertaking, but it can be costly and time consuming. The good news is that not all assets need pass through probate.