Category Archives: Estate Planning
Can I Challenge A Will Before The Testator Dies?
Beneficiaries and other interested persons can challenge a Will if they have valid grounds for a Will contest. In Florida, there are several legal grounds for challenging a Testator’s Will. But can you challenge a Will before the Testator’s death? Legal Standing to Challenge a Will Not all persons are permitted to challenge a… Read More »
What Is The Time Limit For Creditors To File A Claim Against A Deceased Person’s Estate?
When you open a formal probate administration in Florida, it is best practice to wait distributing the decedent’s assets until after all of the debts have been determined. For this reason, creditors have a specific time limit to file claims within a decedent’s estate. Failure to make a claim within the applicable time limit… Read More »
Can You Reopen An Estate If New Assets Are Discovered After It’s Closed?
It is not uncommon for additional assets to be discovered after an estate is closed. But can you reopen an estate that was closed if new assets are discovered after the closing? In Florida, courts may consider to re-open an asset for any assets that were hidden or not otherwise uncovered during the original… Read More »
Should You Transfer Your Homestead Into A Living Trust?
Many Floridians choose to set up a Living Trust as part of their estate plans. There are numerous benefits of having a Living Trust. One of the many benefits is that it helps avoid the lengthy and costly probate process. A Living Trust can be executed when the Grantor (the person who creates the… Read More »
What Is A Mutual Will Agreement In Florida?
As estate planning lawyers, we often get asked about Joint Wills and Mutual Will Agreements. If you are a married person who wants to set up an estate plan, you may have thought about creating a Mutual Will. It is not uncommon for spouses to want to combine their Wills by using a Joint… Read More »
How Do Florida Courts Determine Mental Incapacity?
The terms “capacity” and “incapacity” are often used in estate planning documents and laws, but many people do not understand the legal significance of these two words. Depending the context, these terms can have vastly different meanings. What is Testamentary Capacity? One of the requirements to execute a valid Will is to be over… Read More »
Should I Create A Will Or A Revocable Living Trust?
Clients often ask our attorneys, “Is it better to have a Will or a Revocable Living Trust?” It is important to understand that each person/family is different, and what is best for your neighbor may not be best for you. When deciding which estate planning tool is best for you, it is important to… Read More »
Does Florida Recognize Holographic Wills?
Many people who consider creating a Last Will and Testament wonder if they can write a Will in their own handwriting. It is often on someone’s “deathbed” which is why there are many issues surrounding the creation and execution of a holographic Will. What is Considered a Holographic Will? A holographic Will is a… Read More »
Do I Need To Revise My Estate Plan After A Divorce?
As a rule of thumb, you should review your estate plans after a major life event. A dissolution of marriage is a major life event that should prompt you to review your estate planning documents to confirm it still accurately reflects your wishes. However, not updating your estate plan after a divorce could complicate… Read More »
What Are The Different Types Of Trusts In Florida?
Trusts can be an essential element of any estate plan. However, there are many Trusts to choose from and it can be difficult to determine which one is best for you. Below is a high-level review of four different types of Trusts that can be essential to estate planning. Let’s start with the basics… Read More »