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 […]
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) […]
Estate Tax Planning Doesn’t Have To Be The Focus Of Estate Plans
Florida residents who have engaged in the estate planning process may be aware that it is more complex than merely deciding who gets the family condo or grandmother’s prized china. In fact, there may be more variables to the process than most people realize when they get started, such as estate tax planning, which is […]
New Law Helps Estate Planning For Farmers In Florida
The recent bill which was designed to avoid what was termed as the ‘fiscal cliff’ made significant changes to the tax policies in the U.S. Many people in Florida who were concerned with estate planning were watching to see if there would be any changes in the way estates are taxed. The American Taxpayer Relief […]
Hoarders Can Make Estate Planning And Administration Tricky
When a loved one passes away, the person’s family is usually left behind to sort through the estate. For those who were hoarders and extreme collectors, following through on the their estate planning instructions may be challenging with the overwhelming amount of belongings stored up. At first it can be shocking for those in Florida […]
Disclaimer Trust May Be Answer To Estate Tax Changes In Florida
There are various aspects to consider when estate planning. One of these factors may require considering the tax implications of planning an estate. This is especially pertinent to some people, since previous cuts to the estate tax are set to expire at the end of this year if Congress does not act to extend them. […]
Farmers Worried About Effects Of Changes In Estate Tax
It is undeniable that farmers make up an important segment of American society. They provide the nation with a reliable food source, allow us to avoid reliance on foreign food imports and also give us the means to import food products of American manufacture. In addition, farming is a cultural tradition, one that is passed […]