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Tag: #floridaprobatecode

Florida Probate Code — secrets & essentials for family members, beneficiaries and even trustees

Probate Information Apr 19, 2021
post about Florida Probate Code — secrets & essentials for family members, beneficiaries and even trustees

Billions and billions of dollars flow through and around Florida probates. Many times the Florida resident uses a last will to leave inheritances. Sometimes, the will pours over into a revocable trust. Which is now irrevocable. To understand your rights, you need to understand the Florida Probate Code. Whether you are a trustee or a beneficiary who got cut out. Think of the probate code as two big volumes of laws. One tells you who inherits if there is no will. The other tells you all about probating a Florida will. For an easy-2-understand, Plain-English look at the Florida Probate Code, read below. For a free VIDEO library of insightful, free Florida Estate and Trust Topics, click HERE. The Basics The Florida Probate Code is made up of statutes. Florida laws. They are different than the Florida Probate Rules. And the rules of civil procedure. The probate code has a lot of definitions. It also tells you about starting a probate. Starting the administration process. Why is that important? Because that’s what the law says. When we die, there are all these special rules for dealing with the dead person’s money. And her creditors. And expenses of administration. Beneficiaries get paid last. When there is not enough money to give out, the probate code has laws for that, too. There are many, many rules for gifts or inheritances. Like, what if a piece of land is left to you in the will. But the land was sold 5 years ago. […]

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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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