A will is meant to be a person's final word on how their estate should be administered. When something about a will feels wrong, Florida law allows families to formally challenge it during probate. Understanding the valid grounds to contest a will can help your family...
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Probate
When must Florida personal representatives pay estate taxes?
The Florida probate process allows an opportunity for interested parties to make claims against estates. Personal representatives must communicate with creditors and resolve the outstanding financial obligations of deceased individuals. An estate is also often...
What do you do if a family member left behind multiple wills?
If a loved one passes away, it may be a relief to locate their will. That’s especially true if they didn’t discuss it with anyone, and you weren’t sure they even had one. What happens, however, if you find multiple wills? That’s more common than people realize. If you...
Understanding the Florida homestead trap
Florida homeowners often enjoy property tax savings through the homestead exemption, yet many overlook the restrictive rules that trigger upon a homeowner’s death. Florida’s Constitution and statutes create a "Homestead Trap" that can block the transfer of your home...
At what age does a testator lose testamentary capacity?
Estate litigation often begins with questions about the documents involved. If family members believe an outside party pressured the testator into making concessions, they could litigate on the basis of undue influence. Other times, people may question whether the...
How does Florida handle out-of-state property in probate?
If you’re handling an estate in Florida with property located outside the state, you may wonder how Florida law manages out-of-state assets during probate. Florida has specific procedures to ensure these assets are properly transferred while the estate goes through...
How does Florida probate law handle out-of-state assets?
When someone passes away with assets in Florida and other states, it complicates the probate process. Florida handles out-of-state assets in different ways, depending on whether those assets are real estate or personal property. Probate for real estate in other states...
How do probate disputes arise?
Losing a parent is one of life's most devastating experiences. It can leave you and your siblings feeling vulnerable and uncertain. Moreover, if your parent did not take the necessary steps to secure their assets before passing away, you might find yourself facing...
What is Florida’s elective share law and why does it matter?
Florida's elective share law is a crucial aspect of estate planning that many couples overlook. This important provision safeguards your financial interests as a surviving spouse, guaranteeing you receive a fair portion of your deceased partner's estate. Let us...
How to process a small estate without going through probate
Florida law allows heirs to process small estates without going through probate. There are two ways to do this: "Disposition of Personal Property Without Administration" or "Summary Administration." Let us look at how each process works. Disposition without...
