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Tag Archives: Spousal Rights
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
Posted in Death and Taxes, Elective Share, Estate Planning, Probate, Uncategorized
Tagged DOMA, Same Sex Marriages, Spousal Rights
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The importance of updating your estate plan after a divorce.
Frequently, couples will name each other as beneficiaries of life insurance, annuities, bank accounts, CD’s, and retirement plans. Sometimes, though, when they get divorced the ex spouse forgets to remove the other ex spouse from the insurance, the bank account, … Continue reading
Posted in Asset Protection, Divorce, Estate Planning, Insurance, Uncategorized
Tagged Co-owners, Spousal Rights
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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
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 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