Category Archives: Probate

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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