When someone passes away in Florida, their estate may need to undergo probate—the court-supervised process of distributing estate assets to heirs and paying the creditors of an estate. Probate may be required regardless of whether the deceased left a Last Will and Testament. The asset type and how it was titled at...
What do you do when the original Last Will and Testament is not available to be filed with the court during the Florida probate process? Imagine you're in this all-too familiar and difficult situation: Your dad has just passed away, and no matter how hard you search, you can't find his original...
The inevitability of death is a topic many prefer to avoid, but planning for the future is a responsible and necessary aspect of life. One crucial element of this planning is the creation of a Last Will & Testament (or a “Will” for short). Surprisingly, a significant number of individuals overlook or...
Among the many estate planning tools available in Florida is a legal mechanism known as a “Life Estate.” Its primary advantage is allowing you to transfer property to your beneficiaries upon death without going through probate.
Depending on the size and complexity of your estate, Florida probate proceedings...
To some people, the very term "probate” may invoke fear about a bureaucratic and costly process involving a deceased individual’s estate. But those with the facts – and a qualified Probate Lawyer by their side – will find that Florida probate law is nothing to be feared or dreaded.
In Florida, life estate deeds are estate planning tools that allow individuals to own and live in a property while they are still living while giving a future interest to their beneficiaries (who avoid the probate process upon the owner’s death). However, what happens if the person creating the life estate...
Avoiding probate is often among the top priorities of anyone undergoing estate planning, and for a good reason. Probate is known to take too much time, cost too much money, and cause too much stress for loved ones. The Florida probate process can be overwhelming, especially following a traumatic event like...
A Florida Enhanced Life Estate Deed (also known as a “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson) is an estate planning instrument that allows a property owner to maintain control of his or her real property while also avoiding probate...
A Lady Bird Deed is one of the best estate planning tools Florida has to offer. Formally known as an “Enhanced Life Estate Deed,” this type of deed allows a property to pass automatically to a decedent’s designated beneficiaries upon death without the need for probate.
The history behind the name of...
A transfer on death deed is a useful tool for avoiding probate, saving your loved ones time, money, and stress after you pass away. However, these deeds are not available in Florida because the state has not adopted the Uniform Real Property Transfer on Death Act (URPTODA). What Floridians can use instead...
