Posts from 'Wills'


Wills Do Not Avoid Probate. They Steer the Probate

A very common misconception is that if Mom or Dad has a Will, no probate will be needed when they pass away. That is wrong. There are some steps people can take to avoid a probate administration when they die, but signing a Will is not one.

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Uncovering what your relative left, and to whom

With increasing frequency, people are setting up bank accounts and investment accounts with a “designation of beneficiary” to transfer on death (TOD). Those stocks or funds do not go through probate.

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Important Change to Florida law

Starting October 1, 2011, step-parents in Florida have even more incentive to have a Last Will.

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Grandchildren inherit in probate unless otherwise stated

A common myth in Florida: in order to inherit from a parent, a child must survive the parent. In Florida that is not true.

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Finally, a book to recommend

People often ask us if we can recommend estate administration or estate planning services, software or books, and we’ve been looking, honestly. Meanwhile, we did find a good book on organizing all the information and records that many modern Americans come to possess. It’s called Get It Together – Organize Your Records So Your Family Won’t Have To, by Nolo Press.

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Why Trustees Open a Florida Probate Administration

There is a “glitch” in Florida law which creates legal exposure to a Trustee for two years following the settlor’s death if no probate is done.

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Another change for the Florida chameleon:  Homestead

No tears were shed this year when the Florida Legislature finally – after far too many years – revised that portion of the homestead law that competed for the “worst idea” among all Florida laws.

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Top Five Mistakes in Florida Wills

Most Florida lawyers are, or should be, aware of the fact that you cannot leave your homestead to anyone if you have a spouse or minor child.

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Original Wills

Not only is it expensive and time-consuming if an original Will is lost and the contents must be “proven” to the satisfaction of the Florida Court, but sometimes it’s not possible.

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