It would be cumbersome for a Will to specifically devise every single thing a person has ever bought or owned. So, the residue of the estate refers to all the assets not expressly left to a [...]
One way to terminate a Durable Power of Attorney is by creating a new Durable Power of Attorney. This new document must include language revoking the old Durable Power of Attorney, and it may be [...]
Literally meaning “in fear”, an “in terrorem” clause acts as a sort of threat: if anyone challenges the legality of the Will or of any part of the Will, he/she will be disinherited. Though there [...]
“Homestead” can be found in several different contexts in Florida law, but it always retains its fundamental application to an individual’s home. When used to refer to real estate, one might hear [...]
A Power of Attorney is described as “durable” because it continues to be effective until and after the point at which a given client becomes incapacitated. However, the Durable Power of Attorney [...]
If your Will was valid in the state where it was written, it should be valid in Florida, with some exceptions. However, property laws do vary from state to state. For instance, one significant [...]
The key difference between surviving and springing powers of attorney is the time at which they take effect. Surviving powers of attorney are entrusted to the agent as soon as the paperwork is [...]
Depending on the situation, there are steps that you can take to mitigate and even avoid the stresses of probate litigation. In probate cases, advance communication can make the process of [...]
In Latin, “per stirpes” means “by class/stock,” and “per capita” means “by head.” In the process of estate planning and the administration of a will, these terms play a key role. The best way to [...]
We turn to Florida Statute §709.2111 to answer this question. Sub-section 1 states, “A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise [...]
