Last Will and Testament

Second Marriage Estate Planning

Among probate lawyers, Florida is affectionately known as "probate heaven."  This is due to the large number of retirees in Florida and to Florida's complex and sometimes burdensome probate laws.  For the clients of those lawyers, however, the probate process brings to mind a different biblical destination. Most probates could be easily resolved or altogether [...]

By | 2018-10-16T21:35:01+00:00 October 16th, 2018|

What Happens When A Person Dies With No Will?

A person who dies without a will is considered intestate. When a person dies intestate, the state will take the decedent’s assets if the decedent does not have any heirs. The decedent’s heirs are the persons who are related to the decedent and described in the Florida statute governing distribution of the probate assets of [...]

By | 2018-08-24T13:31:28+00:00 July 2nd, 2018|

What Kind Of Property Can Be Disposed Of By Will?

Nearly all forms of property can be transferred through a will, however, certain property interests cannot. For example, property interests cannot transfer by will when they terminate upon the owner’s death or when rights are afforded to others pursuant to Florida law. The following is a list of common property rights and interests: A homestead [...]

By | 2018-08-24T13:30:14+00:00 July 2nd, 2018|

Some Suggestions Concerning Wills

Marriage does not cancel a will in Florida, but a spouse acquired after the execution of your will may receive the same portion of your estate that he or she would have received had you died without a will (at least one-half).   If you have moved to Florida from another state, it is wise [...]

By | 2018-06-27T02:44:16+00:00 June 14th, 2018|

What Is A Will?

A will is a written document that controls the disposition of a person's property at that person's death. Each state sets their own formal requirements in order for a will to be legal. A properly executed will allows a person to make decisions on who will receive property rather than the decision having been made [...]

By | 2018-06-27T02:16:12+00:00 April 8th, 2018|

Is A Life Insurance Program A Substitute For A Will?

No. Life insurance is only one kind of property that you may own, and a will is necessary to dispose of other assets that you own at death. If a life insurance policy is payable to an individual, your will has no effect on the proceeds. If the policy is payable to your estate, the [...]

By | 2018-06-27T01:27:23+00:00 March 1st, 2018|

How Long Is A Will Good?

It is ‘good’ until it is changed or revoked in the manner required by law. Your will may be changed as often as you desire while you are sane and not under undue influence, duress or fraud, provided it is changed in the required manner. Changes in circumstances after the execution of the will, such [...]

By | 2018-06-27T01:27:23+00:00 March 1st, 2018|