Importance Of Estate-Planning Documents
A large number of Floridians put off planning their estate. When people do not plan, they can leave a lot of disorganization behind for their family members. There are some specific documents that are necessary to have in place in order to avoid confusion. When a person owns property jointly, that property will automatically pass […]
Understanding Health Care Advance Directives
Florida residents who are planning their estate might be interested in learning about health care advance directives. Besides expressing a person’s wishes for medical care in the unfortunate event they cannot speak for themselves because of a serious injury or illness, these legal documents have several other benefits, too. When it comes to long-term health […]
When It’s Time To Handle Estate Planning
While it is a good idea for all adults to have a will, there are certain times in people’s life when having a will becomes essential. If a person in Florida dies without a will, they are considered intestate, and not only will their assets be divided based upon state laws, if a person has […]
Interested Person Properly Challenges Estate Administration Expenses
Duff-Esformes v. Mukamal, 332 So. 3d 17 (Fla. 3d DCA 2021) The appellant in this case, Elizabeth Ann Duff-Esformes, was the Decedent’s surviving spouse, one of two beneficiaries of the Decedent’s estate. The other beneficiary was the residual beneficiary, the Nathan J. Esformes Living Trust, to which the appellant was the sole beneficiary as well. […]
Florida’s Elective Share Overview
In Florida, one cannot completely disinherit their spouse. The right to a surviving spouse’s estate is called the elective share, which is thirty percent (30%) of the decedent-spouse’s estate. Fla. Stat. 732.2065. Indeed, a decedent’s surviving spouse is entitled to four different rights which come into play in the absence of a valid prenuptial or […]
Unclaimed Property and Florida Probate
Unclaimed or abandoned property refers to financial assets which have not had contact with its owner, are unknown or lost, or have been left inactive or not generated any activity by its owner, or are otherwise somehow unclaimed or abandoned by its owner. Some common types of unclaimed property include bank accounts (both checking and […]
No Will? Who is to be the Personal Representative?
In an intestate estate – i.e., an estate in which the Decedent died without having a will – the state of Florida’s Probate Code statutes dictate how the Decedent’s assets will be distributed. Assuming the Decedent was married, the surviving spouse typically is the one appointed as the personal representative. Next in line would be […]
Void or Lapsed Devises
What To Do With Old Wills Updating your estate plan every few years, and particularly after a big life event (such as death, divorce, having a child, etc.), is most often an estate planner’s recommendation. That being said, people do not always follow those recommendations. Sometimes wills which are 10 or more years old are […]
All Shook Up: Lisa Marie Presley’s Trust
In January 2023, Elvis Presley’s only daughter, Lisa Marie, died. Multiple online news sources subsequently reported that Lisa Marie’s mother, Priscilla Presley, filed documents in a California court alleging that Lisa Marie’s 2016 Trust Amendment is invalid. More specifically, online news sources reported that the trust amendment contains a misspelling of Priscilla’s name, there was […]
Ancillary Probate
Ancillary probate administration matters are secondary to domiciliary probate. Ancillary probate comes into play when a non-Florida resident dies owning real estate or other tangible property in another state, but owned property also in Florida. Chapter 734 of the Florida Statutes is the ancillary probate section of Florida’s Probate Code. The ancillary probate process would […]