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Monthly Archives: September 2012
What if I can’t find a will?
Sometimes, for whatever reason, after someone dies the family can’t find a will. In some cases there may be a copy of a prior will; in some cases it may simply be a belief that the person had a will … Continue reading
What if my Husband left the house to his children?
One issue that comes up occasionally is where a spouse, usually a husband, owns a house by themselves and their will tries to leave the house to someone other than their spouse. Under most circumstances, you can’t do that in … Continue reading
Posted in Homestead, Probate, Real Estate, Will Contest
Tagged Co-owners, Intestate Estate, Spousal Rights, validity, wills
6 Comments
Do I have to pay my fathers’ or husbands’ bills from the life insurance?
I get phone calls from people asking about “pay on death” or “transfer on death” accounts. Usually, a parent has died, and named one or more children as a beneficiary on a bank account or an investment account or life … Continue reading
Posted in Probate
Tagged Asset Protection, avoiding probate, Creditors and Bills, Insurance, Spousal Rights
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An overview of how probate works in Florida
I spend a fair amount of time meeting with potential clients explaining how the probate process works in Florida. And I realized, I don’t actually have a post on the Florida probate process. So, here it is; a very short … Continue reading
Posted in Probate
Tagged Intestate Estate, Personal Representative, Spousal Rights, wills
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What if the husband cuts the wife out of the will? (Part 2)
Last time we talked about what can happen when a husband leaves a wife nothing under a will. We explained Florida’s Elective Share Statute. There is another aspect to this; what happens if the deceased spouse leaves the house to … Continue reading
Posted in Elective Share, Homestead, Probate, Real Estate, Will Contest
1 Comment
What if the husband cuts the wife out of the will? (Part 1)
Sometimes, a husband will leave a wife nothing under a will; or a wife will entirely cut out her husband from a will. While Florida law does not prevent one spouse from leaving the other spouse nothing under a will, … Continue reading
Alternatives to Trusts in Florida
Living trusts, or Revocable Living Trusts are often recommended to people moving to Florida. The usual reason for a living trust is to ‘avoid probate’. I, personally, am not that big of a fan of living trusts, for reasons … Continue reading
Common Law Marriage in Florida, or Not
I frequently get phone calls regarding common law marriage in Florida. Typically, the caller is a woman, has lived with a man for several years, and either he has died recently or they have split up. She wants to know … Continue reading
Posted in Uncategorized
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How do you protect parents from children or others?
Sometimes I get phone calls from potential clients, and the story goes something like this: Father is being exploited by a child, or a nephew, or what have you. That child has a power of attorney from Father, and the … Continue reading
Posted in Asset Protection, Guardianships, Uncategorized
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Why you need a will
I have seen various statistics on the number of Americans who die intestate, or without a will. The numbers range from just over 50% to just about two thirds. No matter which number is right, that is simply too high. … Continue reading
