Does the Florida Probate Court Accept Self Proving Affidavits? What About No Contest Clauses?

Are you in the process of making your estate plan in Boynton Beach  with estate lawyers in Florida? Florida estate lawyers have different ideas of what constitutes a strong estate plan but what are they considering? Check out these two great tools your Florida probate lawyer may want to use in your Delray Beach estate plan. 

Self-Proving Affidavit

• What is a self-proving affidavit?
• Florida probate litigation often starts off with the witnesses to the will when they have to go to Court to testify after the death of a decedent.
• Any Florida trust lawyer can tell you, that is when the witnesses have to attest to the formalities of the will existing at the time of execution.
• If an heir is not happy with a will this is a great time to hire a probate litigation attorneyin Pompano Beach to help them get their cut of the inheritance.
• So what is a self-proving affidavit going to do?
• This eliminates that step of the probate process.
• The affidavit acts as a substitute for the testimony of the witnesses.
• Want to know a cool secret from a Florida probate lawyer?
• These can be added after you execute the will, or even years later!
• What else do you need to know before you execute the will contest?

No Contest Clauses

• Did you use a non-Florida estate lawyer? 
• These guys do not know the rules in Florida and cannot provide the same service that a licensed Florida estate lawyer is going to give you.
• Often times clauses that are allowed in non-Florida wills are not going to be enforced in Florida.
• That is important to know as you and probate attorneys Florida work together to draft a solid estate plan.
• For example did you know that you cannot include a clause that says contesting the will waives one inheritance.
• While these are allowed in many States, Florida estate attorneys know better than to put a useless section in your estate plan.
• What other sections are non Florida probate attorneys going to recommend that are really a waste of your time?

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