Florida Probate – Public Record
A question often asked by potential clients is whether a probate case or probate court records can be somehow shielded from being publicly found in court records. The short answer to this question is no. A probate court record consists of the court-filed documents, which includes, among other things, a copy of the will, the […]
No Contest Clauses are Unenforceable in Florida
Sometimes testators include no contest clauses in their estate planning documents, thinking that these will help ensure their wishes will be honored after their death. No contest clauses, or “in terrorem clauses”, basically serve as a deterrent to a beneficiary of a will or trust, who might otherwise seek to challenge the terms of the […]
Estate tax and related planning
The estate tax affects only certain estates: in 2023 it applies to estates exceeding a taxable value of $12.92 million, which is taxed at a rate of 40%. While this does not give cause for concern to many, these figures can and do change. Estate tax is often debated in politics and it frequently changes. […]
Does a person’s debt go away when they die?
The short answer: No, the debt does not simply go away when someone dies owing a debt. Generally speaking, a decedent’s estate is responsible for paying any unpaid debts, and no one else is required to pay those debts. When a decedent dies, their assets pass to their estate, and if there is no money […]
Morrow v. Morrow, 354 So. 2d 642 (Fla. 3d DCA Feb. 8, 2023)
The recent Third District Court of Appeal reviewed the requirements for a valid will under Fla. Stat. 732.502 and found the handwritten will which was at issue, in this case, to be valid. In this case, both on a confession of error and based on the court’s independent review, the appellate court found that the […]
Is there privacy in probate?
An often-asked question from potential clients is whether probate matters can remain private and protected from the public eye. Most people want their personal family and financial affairs to stay private. But, if you have a will, it must be deposited (filed) with the probate court after your death. (To be technical, the custodian of […]
Estate of McKenzie v. Hi Rise Crane, Inc.
326 So. 3d 1161 (Fla. 2d DCA 2021) This case is one which demonstrates the application of the “relation back” doctrine, which may arise in cases when a personal representative for an estate is not appointed promptly. In this First District Court of Appeal opinion from 2021, the court analyzed the “relation back doctrine” of […]
Probate as relates to IRAs and Life Insurance
Generally speaking, the probate process in Florida begins with filing a petition for administration in the circuit court, in the county where the decedent resided at the time of their death. From there, the next step is for the court to appoint a personal representative to administer the decedent’s estate, by issuing a court order which […]
Holographic Wills
A will, in order to be valid in Florida, must be in writing, signed by the testator at the end of the will (or subscribed by someone in the testator’s presence and at the testator’s direction), in the presence of at least two attesting witnesses. §732.502(1), Fla. Stat. A will other than a holographic (handwritten) […]
81 Year-Old Wins Lottery, Establishes Trust
An 81 year-old woman who won a whopping $336.4 million Powerball jackpot this week accepted the sum under the name Rainbow Sherbet Trust. She claimed a total of $210 million distributed in one lump payout. The trust was so named because a family member’s craving for ice cream led to the purchase of the lucky […]