The new modifications to Florida’s laws protecting Florida’s elderly allow for out-of-court statements made by elders describing their abuse to be used in court. This type of [...]
Distinct from healthcare directives such as a healthcare power of attorney or a living will, a personal care plan is a document telling your loved ones how you wish to be taken care of throughout [...]
Florida law does not recognize “no-contest” clauses written into wills or trusts, which means they are unenforceable in Florida courts. No-contest clauses are written to dissuade beneficiaries [...]
Florida has laws that protect high net worth elderly individuals from exploitation through “deathbed” marriages. Deathbed marriages occur when an elderly, sometimes high net worth, individual [...]
After a person dies, the original copy of their will must be submitted to the court. If the original will cannot be found, the Florida Probate court requires that the contents of the will must [...]
If you have a will that will be subject to the probate process, the executor of your will must prove that the will is valid to the probate court. Unless the will is “self proved” the witnesses [...]
Ancillary probate is required when a decedent was the sole owner of property in a different state from where they lived at the time of death. If the decedent had probate assets in their home [...]
In Florida, a personal representative is appointed to administer a person’s estate after their death. Many other states call this agent an “executor.” The personal representative is responsible [...]
A Durable Power of Attorney, unlike a limited power of attorney or non-durable power of attorney, may remain in effect after incapacitation. This can be an important document to have in place if [...]
A probate estate can be reopened is it is found that the probate was not settled as the decedent desired. For example, if the estate’s personal representative is found to have made purposeful [...]
