Category Archives: Probate

probate

Selling the Collection

A recurring situation in probate is where the parent had some sort of “collection” and the children want to sell the items. A lot of times, the parent would talk about the collection and raise the children’s expectation of the … Continue reading

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DOMA and what it means for Florida Residents

First, the Supreme Court has handed down a decision today dealing with the Federal Defense of Marriage Act, here: United States v. Windsor In plain language, it says that IF a state has recognized Same Sex Marriage, between two men … Continue reading

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Living Trust Costs and Fees

I’ve been reviewing an estate and trust accounting prepared by another attorney, and in doing so, it occurs to me that I have not discussed trust administration fees in Florida. One of the supposed advantages of a living trust is … Continue reading

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Avoiding Probate on the House

Frequently, clients think that a revocable living trust will avoid probate in Florida. As I discuss here: Why revocable living trusts usually won’t avoid probate in Florida A revocable living trust can actually trigger a probate in Florida; particularly if … Continue reading

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What if someone who died out of state owned property in Florida?

A lot of people who do not live in Florida own property in Florida. Sometimes it is a vacant lot bought in anticipation of building a home when they retire; sometimes it is an actual house or mobile home or … Continue reading

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What You can do about a Will depends on where You are Standing.

There is a story in the news about a woman in Rhode Island who was trying to overturn her aunts’ will, here: Records Show Woman Gave Legion Of Christ $60 Million Over 20 Years Essentially, the niece alleges that a … Continue reading

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What do people fight about in probate? Part 3

Last time we looked at fights over personal representatives. Today we’re looking at fights over wills; whether a will is valid; whether a will should be admitted to probate and whether a copy of a will should be probated. I … Continue reading

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Estate, Inheritance and Income Taxes in Florida

I get a lot of questions about estate and inheritance and income taxes for Florida estates. First, Florida has no separate estate tax; Florida did have what is commonly known as a “sponge” tax which is tied to the Federal … Continue reading

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When spouses die

My most common question from potential clients is “my husband (or wife) died, what do I have to do?” As I’ve mentioned elsewhere, it is going to depend on how property is held and whether there is a will, and … Continue reading

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What to do when a loved one dies, Part 2

Last time we looked at some of the steps to take when a loved one dies, gathering information and documents. Now, we look at what you do with those documents to determine if a probate is needed. As I explain … Continue reading

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