Can anyone execute a Palm Beach will? Can a minor execute a valid will in Florida? According to Florida probate law, what is testamentary capacity ? What should Florida probate lawyers know about testamentary capacity? When does a person have testamentary capacity?
Who can make a Florida will? What do estate planning lawyers need to know about will signing ceremonies? How old does a person have to be to make a valid will in Florida? What is Florida Statute 732.501? Does a person have to have testamentary capacity? Can a minor execute a valid will in Palm Beach County?
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.
In Florida, for inheritance purposes, being legally married and having a “common law marriage” are two completely different things. If you are not married to your long term partner and have commingled funds and accumulated assets you risk losing those assets to their heirs in intestacy if you lack a will. When you are married your spouse has a vested right in your estate that a long-term partner simply does not have as a matter of law.
West Palm Beach probate lawyers know that, according to Florida law, a non-marital child is recognized as a child of the mother. What does this mean? This means that the child may inherit from and through the mother. Also, the mother may inherit from and through the child. But what about the father? Can a non-marital child inherit from the father? You may want to read Florida Statute 732.108.
There are numerous ways that a will can be contested in the state of Florida. A probate litigation lawyer or a trust attorney can help you to understand the reasons that a will can be contested. Understanding these reasons can help to reduce the chances of a dispute among heirs. Also, knowing the ways a will can be contested will become very important if you ever find yourself in the unfortunate position of needing to know your legal rights when it comes to a will challenge. One of the main reasons a will could be challenged is if the testator, the person who signed the will, did not have what is called “testamentary capacity” to sign a will in Florida.
Can anyone execute a Florida will? Can a minor execute a valid will in Palm Beach County? What is testamentary capacity? What should Florida probate lawyers know about testamentary capacity? When does a person have testamentary capacity?
On January 23, 2019, CNN reported that comedian Kevin Barnett had passed away. He was best known as the co-creator of the TV comedy show “Rel” on Fox. He was only 32 years old when he passed away. Did he have a will or a proper estate plan in place? What does his estate consist of? Who will inherit? A February 8, 2017 New York Times article states that only 42% of American adults have a will. This data was taken from a survey that was published on Caring.com. According to the survey, 81 percent of people 72 and older have one. However, the younger the person, the less likely it is for them to have an estate plan. Hopefully, Barnett consulted with an estate planning attorney before he passed away. West Palm Beach probate litigators know that, if you die without a will, your heirs will inherit. If he had died in Florida without a will, which he did not, his heirs would inherit according to Florida intestacy laws. Who are Barnett’s heirs? Will his heirs even inherit anything at all? To read the entire article, click here.
Can I inherit under prior Florida wills? In Florida, how do I inherit if someone dies without a will?Are you involved in an estate or inheritance lawsuit West Palm Beach where someone is contesting a will? Do you have a relative whose estate is about to pass through intestacy? What is the doctrine of dependent relative revocation?
Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a Florida will. Florida probate lawyers and West Palm Beach trust attorneys know that a person needs to have testamentary capacity when they execute a will. Otherwise, their Florida will may end up being contested by the beneficiaries.