How do I find out if I am a beneficiary of a Will?
After an individual passes away, the personal representative of their estate is appointed by the court. The Florida Probate Code instructs personal representatives to promptly serve Notices of [...]
What is elder self-neglect?
According to the Senior Connection Center, elder self-neglect accounts for the majority of reports made to Adult Protective Services in Florida. It occurs when a vulnerable individual fails to [...]
How can I remove a trustee from a Florida Trust?
There are various grounds for removing someone as trustee of a Florida Trust. The Florida Trust Code recognizes the following as legally-valid reasons to remove a trustee: -The trustee has [...]
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What is an “incontestability provision” in an insurance policy?
Florida Statute §627.455 states: Every insurance contract shall provide that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of 2 [...]
Who has priority in appointment as Personal Representative if a person dies without a Will?
If the decedent has died “intestate” (without a Will), first-priority goes to the surviving spouse in the appointment of a personal representative. If the spouse is not qualified to serve as [...]
Can a Will be contested while the testator is still living?
No, in Florida a Will cannot be challenged while the testator is still alive. The Florida Probate Code states clearly: “An action to contest the validity of all or part of a will or the [...]
“It’s All Greek to Me”: Tortious Interference with a Testamentary Expectancy
A tortious interference with a testamentary expectancy is a wrongful act (also known as a “tort”) which causes economic harm to another person. In the context of an estate, the tort occurs when [...]
If I move to another state, do I need to create new estate documents?
While it may not always be necessary to create entirely new estate documents when moving between states, it is always a good idea to review your estate documents with an attorney of the state in [...]
What are the reasons a guardian could be removed?
There are many reasons why a guardian could be removed. The Florida Guardianship Law states the grounds for removal explicitly. Listed below are some of the reasons: -Fraud in obtaining his/her [...]
