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Category Archives: Probate
What to do when a loved one dies, Part 1
Last time we looked at what can be done when a loved one is dying; depending on the circumstances, it may range from simply waiting to doing some last minute estate planning. What do you need to do after a … Continue reading
What can you do when a loved one is near death?
Sometimes I get phone calls asking about what to do when someone is dying. Typically, the person is in the hospital, or a nursing home, or hospice, and it’s apparent that they are near the end. Family members want to … Continue reading
Liability of a revocable trust for estate debts in Florida
There is some confusion out there regarding revocable trusts in Florida; for some reason some clients think that a revocable trust will not have to pay money owed by the person who died. This is incorrect. Florida makes revocable trusts … Continue reading
How to Contest a Will in Florida
I get contacts from potential clients from time to time about “contesting a will”. Someone does not like what a will says and wants to hire a lawyer to fight the will. There are three basic lines of attack on … Continue reading
Probate Costs in Florida
Probably the most frequently asked question I get is “what will it cost to probate an estate” in Florida? The answer depends on what is involved. There’s basically two areas that affect how much probate costs; the actual costs and … Continue reading
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
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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
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