Search Results: heirs

Who can write a valid will in Florida? What does it mean to be of “sound mind”? What is a holographic will according to Florida law?  Are holographic wills valid in Florida? What should I know about Holographic wills? What Florida Statutes can I read to learn more about Holographic wills in Florida? How can a Florida probate lawyer assist me if I believe a will was not properly executed? When should I hire a West Palm Beach estate lawyer to contest a holographic will in my Florida probate proceeding? Who Can Write a Valid Will in Florida? 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 estate 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. What is being of a “sound mind”? What is testamentary capacity?  There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida: understanding that he or she is creating a distribution of his or her property after death, knowing the nature and extent of his or her property, knowing the named heirs and members of his or her family understanding in a reasonable manner the general nature and effect of the act of signing the will.  What is a Holographic Will? A Palm Beach probate lawyer can tell […]

Heirs might inherit a deceased Florida resident’s house. Called homestead. But there are quirky rules. And if there was a ruling in the probate court, you may need to take a Florida homestead appeal to protect your inheritance. Probate Process and Homestead Even though homestead is not considered a “probate asset”, many probate lawyers, and courts, deal with homestead. In an estate. In the probate. Heirs can inherit when there is no will. If you are in the process of hiring a Florida probate litigation firm, you may want to look for a law firm that is experienced in both estate litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the probate world, appeals do occur. This is particularly true for homestead. And Florida homestead appeals. What if you win your Florida probate case and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is also knowledgeable about the Florida Rules of Appellate Procedure, ready to assist. At Pankauski Lazarus, the trial and appellate attorneys have been handling appeals and homestead issues for years and years. Here is one of their victories at the appellate court on an estate, and inheriting homestead: click here. Florida Homestead Appeal Because our firm’s focus is litigation and appeals, our lawyers work hard on strategy. Before trial, anticipating possible appellate issues. And, to attempt to insure that issues are preserved for […]

In Florida, who can write a will? Who can have a trust drafted? Do you have to be over a certain age to create an estate plan? What is being of a “sound mind”? What is Florida Statute 732.501? How can you contest a will in Florida? How can a West Palm Beach probate lawyer help you to prove that a will is invalid? Who Can Write a Valid Will in Florida? 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 estate 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. What is being of a “sound mind”? What is testamentary capacity?  There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida: understanding that he or she is creating a distribution of his or her property after death, knowing the nature and extent of his or her property, knowing the named heirs and members of his or her family understanding in a reasonable manner the general nature and effect of the act of signing the will. What are the Formalities Required for a Valid Will in Florida? Florida Statute 732.502 describes what formalities must be met for a will to be valid in Florida. A valid Florida will must 1) be in writing 2) be signed by the testator or another […]

In Florida, if you die without a will, you are dying intestate. This means that your wealth will pass to your heirs. Who are heirs? If you have a spouse and children, they will probably inherit. However, sometimes the people who Florida Law considers to be heirs are not the people you want to inherit from you. According to a February 8,2017 New York Times article, only 42% of American adults have a will.  However, Florida probate lawyers know that getting a will drafted by an estate planning lawyer can be a simple and affordable process.

What is an intestate estate? Did your mom or dad die without a will? Is the will that your husband wrote valid according to Florida law? What happens if someone’s will was not properly executed? What does it mean to contest a will? Did your spouse forget to sign his Florida will before he passed away? How can you contest a will in West Palm Beach? When should you contact a Florida inheritance lawyer to determine whether you have a strong will contest case? What is an Intestate Estate? West Palm Beach probate lawyers know that a person dies intestate when they die without a Florida will. In addition, a person could die intestate if they executed a will that is invalid or had a will that they revoked without executing a new will. Florida Statute 732.101 states the following:  (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property. Who Inherits If a Person Dies Intestate in Florida? If a person dies intestate, or without a valid Florida will, his or her heirs will inherit. In other words, heirs at law are entitled to inherit the decedent’s property under Florida’s intestacy statutes. Heirs may include children, spouses, siblings, and parents, depending on a number of factors. If your spouse or parent dies without […]

Did your dad forget to sign his Florida will before he passed away? What can you do if the signature on a will looks fake? Is signing only your first name to a Florida will sufficient? How can you contest a will in Florida? When should you contact a West Palm Beach probate lawyer to determine whether you have a strong will contest case? How can an inheritance lawyer help you to prove that a will is invalid? Who Can Write a Valid Will in Florida? Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a will. The person who is executing the will must have testamentary capacity. If they do not have testamentary capacity, or if the testator is proven to have been incompetent at the time he or she executed a will, the Florida will could be contested and deemed invalid by a probate court. There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida: understanding that he or she is creating a distribution of his or her property after death, knowing the nature and extent of his or her property, knowing the named heirs and members of his or her family understanding in a reasonable manner the general nature and effect of the act of signing the will. What Statutory Requirements Must Be Met to Execute a Valid Will in Florida? As stated above, in order for a person to execute a valid will in Florida, they […]

What is dying intestate in Florida? If my mom or dad dies intestate, who will inherit his or her homestead? What do the Florida intestacy laws say? If my spouse dies intestate in Palm Beach or Tampa, do I inherit or do my spouse’s kids from a prior marriage inherit? What is a petition to determine intestate beneficiaries? When Does a Person Die Intestate? West Palm Beach probate lawyers know that a person dies intestate when they die without a will. In addition, a person could die intestate if they executed a will that is invalid or had a will that they revoked without executing a new will. Florida Statute 732.101 states the following:  (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property. How do I know if I am an “heir” of the decedent? Who Inherits If a Person Dies Intestate in Florida? If a person dies intestate, or without a valid Florida will, his or her heirs will inherit. In other words, heirs at law are entitled to inherit the decedent’s property under Florida’s intestacy statutes. If your spouse or parent dies without a will, you may have valuable inheritance rights under Florida law. For example, Florida Statute 732.102 tells probate lawyers what spouses inherit from an intestate estate. If My Husband or Wife Dies […]

Are you thinking of writing a Florida will? Who’s allowed to write a will in Florida? Can you write a Palm Beach will if you are only 15 years old? What can an estate planning attorney assist you with? What should you know before executing an Orlando will or trust? Did you know that you must be of ” sound mind” to execute a valid will in Florida? You may want to read Florida Statute 732.501. 

Florida homestead property can be very valuable. And, in some instances, “heirs” get a guaranteed inheritance. Sometimes. With Florida residences being worth a lot of money, may spouses and adult children want to know what their rights are. Here are some basic, introductory background “must know” bullet points for Florida homestead property. Some Basics Can your Florida homestead property be subjected to equitable liens? Can a final judgment force someone to sell it? If you are dealing with a Florida lawsuit involving this unique asset, you may want to read an April 24, 2019 Third DCA opinion, Luis de Diego v. Barrios. Here, the appellate opinion explains that The Florida Constitution provides that it “shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon.” However, there is an exception. That property MAY be subject to equitable liens ” where fraud, reprehensible or egregious conduct is demonstrated.” But there’s a lot more to this property than “equitable liens.” Many times, people die without a will. That means , in many cases, 2nd spouses and adult children from a prior marriage, end up “co-owning” a very valuable house. Read More about Florida Homestead Property There is a lot that you can read for free on Florida homestead property: Florida Probate Rules — explains rules, processes and procedures. You may want to get a determination in the probate court that a certain house is homestead property. See Rule 5.405. A Probate […]

Probate litigators frequently encounter battles between a decedent’s children and the decedent’s second or third spouse. These battles can get every heated when there is no will involved, especially if there is a question as to whether or not the surviving spouse was legally married to the decedent at the time of his or her death. This is exactly what happened in Cohen v. Shusan, a Second DCA opinion.