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Tag: #floridaestate

Is the Florida Will Valid: a free legal video for family members, heirs & beneficiaries

FAQs Mar 28, 2021
post about Is the Florida Will Valid: a free legal video for family members, heirs & beneficiaries

Heirs, adult children and beneficiaries of Florida probates + estates have asked for this ! A definite guide + legal commentary that answers the question: is the Florida Will Valid? For a free video on this Florida probate topic, CLICK HERE. What Makes a Will Valid? Under Florida law, a will is valid if it was signed properly and the person signing knew what she was doing. 2 witnesses are needed. The person signing the will and the two witnesses must all sign at the same time in “the presence of each other.” The person making the will needs to have a general understanding of what she is doing. This means that they should understand that the document is a will, that they are disposing of property at death. Leaving property at death. When they die. One should have an idea of what property they own, and who their family members are. Not only is mental competency important. But the will signer must be free of any pressure, force or UNDUE INFLUENCE. A will that is caused by an INSANE DELUSION or fraud is void. For more commentary on how to sign a Florida Will, CLICK HERE. Florida Probate Code The Florida Laws on wills are found online, free of charge. Just google Chapter 732, Part V. Or, you can CLICK HERE. This part of the total Florida Probate Code sets forth the rules for valid wills. Those laws tell you who may make a will in Florida. And how […]

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Florida Surviving Spouse Rights and The Importance of Timely Filings

Uncategorized Nov 23, 2020
post about Florida Surviving Spouse Rights and The Importance of Timely Filings

Every year, widows, widowers and surviving spouses inherit billions from Florida probates. Florida Surviving Spouse rights are very valuable for Florida estates. But most don’t want to leave money on the table. And you should know exactly how much you are entitled to. After all, the three most valuable rights a spouse has to a Florida estate are straightforward. First, Florida Homestead. Second, intestate share. Third Elective Share. Has your wife or husband recently passed away in Florida? Are you a surviving spouse? To read more FREE FLORIDA PROBATE COMMENTARY about rights of a surviving spouse, CLICK HERE. If you are the surviving spouse in an inheritance dispute in Florida, you may want to read Florida Statute 732.401 and a March 15, 2019 Second DCA opinion, Samad v. Pla. Don’t Sit on Your Inheritance Rights Florida law does not help those who sit on their rights. Florida Estate Law helps those who speak up and who EXERCISE their rights. Silence is often not a friend to surviving spouses’ inheritance rights. Florida probate lawyers know that surviving spouses in Florida have many inheritance rights. However, it is important to act on those rights, and act quickly. John Pankauski, managing law partner at Pankauski Hauser Lazarus, always reminds prospective and current clients that the law doesn’t reward those who sit on their rights! In Florida probate proceedings, there are many deadlines that must be met. For example, surviving spouses must make certain elections within a certain time frame. In addition, objections or […]

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Florida Probate Litigation: What is a Pour Over Will?

Uncategorized Mar 7, 2019
post about Florida Probate Litigation: What is a Pour Over Will?

What is a pour over will ? Should I speak with a Florida trust and estates lawyer to create one? What do I do if my mom has passed away leaving a pour over will?  These are all good questions.  For a more current commentary on pour over wills, click HERE.  But many heirs and family members also want to know about contesting a Florida will.

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What does “TOD” mean on this Bank Statement?

Uncategorized Feb 3, 2015
post about What does “TOD” mean on this Bank Statement?

Billion$ in “TOD” Florida Bank Accounts What does “TOD” mean on a bank account?  We have previously written about TOD accounts and Florida POD accounts. Now, let’s update this important Florida probate topic by giving you a link to two important Florida statutes + also a 2105 Florida probate opinion you can read for free. Here is the link to previous Florida TOD commentary: https://www.pankauskilawfirm.com/blog/avoid-probate-in-west-palm-beach-through-trusts-life-insurance-and-other-non-probate-assets-learn-how/ Transfer on death typically means that the named individual on the bank account inherits it automatically, by operation of law, when the other co owner dies.  Securities such as stocks and bonds and interests in Florida LLCs may be the subject of transfer on death ownership.  Florida Transfer on Death Security Registration Act TOD Law in Florida A 2015 Florida probate case about TOD accounts and pay on death accounts sheds like on these “will substitutes.”  2015 Florida TOD Probate Case  When someone dies all his or her assets don’t necessarily go to the same place!  And sometimes special bank accounts do not need to be probated. The good news is that Florida has TOD laws and Pay On Death Statutes which you can read for free.  Florida Statutes on TOD and Pay on Death Accounts Do not just assume the probate property is the extent of your relative’s estate. Now more than ever, people are setting up bank accounts and investment accounts with a “designation of beneficiary” to transfer on death (TOD). The beneficiary is the person to whom the asset will transfer after the […]

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