Category Archives: Estate Planning
Do Prenuptial Agreements Override A Last Will And Testament In Florida?
An increasing number of Floridians understand the importance of having a comprehensive estate plan that includes a Last Will and Testament. Many people who write a Will also have a prenuptial agreement stemming from their marriage. But do prenups override Wills in Florida? What happens if a prenuptial agreement and a Will are in… Read More »
How To Name A Guardian For My Minor Children In Florida
Children are our most precious and valuable “asset.” No parent wants to think about dying prematurely and having no one to take care of their minor children. While merely thinking about leaving your children behind can be frustrating and painful, it is vital to consider naming a guardian for your minor children if you… Read More »
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 »