Oftentimes when individuals hear the term “homestead,” they fail to truly understand the protections that a Homesteaded property brings with it. While any homeowner with a Homestead property surely appreciates the $50,000.00 Homestead Exemption when tax season rolls around, this Exemption is only the tip of the iceberg as far…
A common argument raised by those challenging the validity of a will is that a beneficiary of the will exercised undue influence over the testator. If this is proven in probate proceedings, anything that is received by that beneficiary as a result of his or her undue influence will be…
While many of Tony Soprano’s most iconic quotes are of the NSFW variety, one of his “work friendly” quotes comes to mind in light of the criticism directed towards James Gandolfini’s estate plan: “A wrong decision is better than indecision.” While the benefit of hindsight makes it easy to point…
Will a final judgment in the State of Florida be recognized and given the same effect the judgment would have in a territorial probate court of the United States? Any final judgment rendered in a Florida probate court regarding the validity of a decedent’s last will and testament, for example,…
Florida is one of the many separate property states that give a decedent’s surviving spouse an “elective share” of the decedent’s property. This share of the estate is but one of several supportive mechanisms for surviving spouses in Florida. Others include homestead, social security, and employee pension plans. The term…
Vehicles often comprise part of a person’s estate after they pass. It is sometimes possible to distribute vehicles very soon after a person’s death, sometimes even without an order from the probate court. If the beneficiary of the vehicle is either the surviving spouse, or, if there is no surviving…
An interesting case recently surfaced involving the $200 million estate of a North Carolina real estate developer Henry Faison. Mr. Faison created a will devising his estate in 2000, but decided to make changes last year. Unexpectedly, Mr. Faison passed away in his office just before signing the second will.…
The Florida legislature recently saw fit to amend the Florida Power of Attorney Act (the “Act”). The revised Act, reflected in Ch. 709 of the Florida Statutes, became effective on October 1, 2011, as lawmakers re-wrote the entire chapter in order to conform more closely to the Uniform Power of…
Florida is one of many states that allow adult adoption, which is often used to allow a stepparent to adopt a stepchild later in life. See Fla. Stat. § 63.042. Florida has, however, limited this ability in certain circumstances, such as adopting one’s spouse. See Fla. Stat. § 63.042(2)(c) (finding…
Billionaire Ron Perelman is being accused of spending up to $30 million in legal fees from his daughter’s inheritance defending unsuccessful lawsuits against his former in-laws. After the death of Perelman’s second ex-wife, Claudia Cohen, he was appointed the “executor” of her estate, which in Florida, is referred to as…