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Articles Posted in Probate

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Elective share in Florida – When a wife or life partner (spouse) is not included in a Will

Florida’s Elective Share: Part II Our previous blog post two weeks ago addressed Florida law regarding the protection to surviving spouses provided by the elective share from the perspective of estate planning (Elective Share – what is it and why you should know more about it). This post focusses on…

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Elective Share – what is it and why should you learn more about it?

How does Florida’s Elective Share Affect my Estate Plan? Part One. What is an “Elective Share”? In situations where the decedent’s will has left their surviving spouse very little, or nothing, Florida law protects surviving spouse’s in two major ways: The Elective Share and Homestead. While both of these laws…

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Handwritten Wills and the Importance of Witnesses – What you need to know because it is complicated

Larry King’s Handwritten Will Ordeal The recent passing of the broadcasting legend, Larry King, has resulted in his family not only mourning him but also fighting amongst themselves over his true last wishes. Larry, together with his wife, Shawn Southwick King, had executed estate planning documents in 2015, where he…

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President Biden’s potential move on Estate Tax – What you need to know now

2021 Biden Administration Proposed Tax Changes: Will My Estate Be Subject to Estate Tax? Over the course of the last several decades, the federal estate tax credit has increased to the point that only very high net-worth individuals and families need to concern themselves with estate tax planning. For the…

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Enforcing a contract to create a Will is complex – read the details

Contracts to Create a Will A last will and testament must be the consequence of a person’s free will (which is why they are aptly referred to as “wills”). Nevertheless, a person may execute a contract during life to include certain terms and/or beneficiaries in their will in exchange for…

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Florida Homestead Protection 101 – what to know

Homestead Protection: Can You Lose It in Probate? A person’s home (homestead) is often the most important asset in their estate plan because of the monetary and sentimental value that is inherent in a person’s main residence. Florida has special rules that govern a person’s primary residence, known as homestead…

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Real property and wills – Educate yourself on the implications of Probate proceedings

Does My Will Control My Joint Property? There are several different ways to hold real property with another individual in Florida. The three main ones are: 1) tenancy in common, 2) joint tenancy with a right of survivorship, and 3) tenancy by the entirety. The way co-ownership of real property…

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Your beloved pet “Sploot” is alive and well, so how do we keep that state of calm and relaxation?

What Happens to My Pets When I Die? Florida Pet Trusts Many people consider their pets to be an integral and indispensable part of their families. For that reason, many people want to ensure their beloved dog, cat, horse, or other animal will be provided for in the event of…

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What to know under Florida law during COVID-19 – Naming your kids as beneficiaries of life insurance policies

COVID-19 – Buying Life Insurance to protect your children, but what happens when you name them as the beneficiaries? During these uncertain times, people are attempting to prepare for the worst. This is especially true for those who have minor children. The fear of getting infected with the virus, developing…

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Quarantined during COVID 19 – How do I get my estate planning documents notarized?

How to Safely get Documents Notarized During a Pandemic For the indefinite time being, social distancing and staying home are necessary safety measures. However, that does not mean the world stops. People still have needs and documents that must be notarized. There are ways to do that without leaving the…

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