New Florida Law May Void Beneficiary Designations in Divorces: Florida Statute 732.703 and End of Life Planning for Divorced Couples and Those Thinking of Divorcing

| October 23, 2012

There’s a new law here in Florida that people need to know about – especially if they are divorced or in the midst of getting themselves divorced here in Florida and that law is Florida Statute 732.703.  You can read the law as written on the books by the Florida Legislature online here. The important […]

Challenging Wills and Will Contests: Florida Law and the Lessons of Guma Aguiar and Thomas Kinkade – It’s Best to Have a Current Will and Estate Plan, Don’t Just Leave Notes Around Because Florida Law May Not Respect Your Wishes

| July 5, 2012

Contesting a will or challenging who should control the assets (and money) of an estate of someone who is dead, presumed dead, or missing not only makes for good plots in murder mysteries and thrillers, but it’s also something that probate lawyers and estate planning attorneys see happening every day in Florida. Of course, the […]

Another Florida End of Life Planning Issue: In Florida, Will Your Last Wishes On a Final Resting Place Be Respected? Tough Answers Under Florida Probate Law

| March 20, 2012

When a loved one first passes away, the last thing on anyone’s mind is Florida probate law.  There’s the fierce emotion of grief and loss, and the practicalities of letting everyone know and coordinating travel schedules for family and friends, while dealing with all the sadness that surrounds the finality of death. For many Floridians, […]

Year End Planning: It’s Important for Florida Baby Boomers to Have End of Life Documents That Are Valid Under Florida Law (New Poll Shows 70% Americans Do Not Have This Done)

| December 6, 2011

It’s that time of year again, when travel plans are made and gifts are bought … and for those handling the family finances, there are those end of the year planning considerations: things like finalizing charitable donations to be made for the 2011 taxable year. Unfortunately, as a recent poll confirmed what many Florida probate lawyers […]

Don’t Procrastinate in Getting Your Will Written: What Does Florida Law Say About Who Gets What if You Die Without a Valid Will (You May Not Like It)?

| November 15, 2011

In Florida, just like every other state in the country, no one can die without title to their property being affected by state law.  It’s primarily to insure that land, stocks, bonds – things like that – are never without proper legal ownership. State laws also extend to personal property, too (the sofa, the jewelry, […]

Writing Your Florida Last Will and Testament? 5 Things to Consider Before Using Online Will Services (Like RocketLawyer or LegalZoom) or Store-bought Will Forms

| October 13, 2011

Last Update: 02/10/16 It is true that Florida probate lawyers compete with online will services and companies that publish generic forms for Last Wills and Testaments.  Some of those who will be reading this article will respond with a knee-jerk reaction that any warnings from a Florida probate attorney are biased and self-serving.  However, that’s […]

Major Changes to Florida Laws Mean More Florida Probate Lawsuits Will Be Filed – You May Need to Review Your Will Documents Now.

| September 13, 2011

The Florida Legislature has been very active this past year in passing all sorts of major changes to existing Florida probate laws. The law makers have been doing this in several areas; however, one area of major change that is going to impact almost every Floridian involves the recent law changes involving wills and inheritance […]

What happens if you die without a Florida Will – Florida Intestacy

| August 6, 2009

If an individual, the “decedent,” dies intestate (without a Florida will), Section 732.102 and 732.103 of the Florida Probate Code provide for the distribution of assets, first and foremost, to the surviving spouse and lineal descendants (children, grandchildren, great-grandchildren, etc.). So, say an individual dies in Florida with $100,000.00 in his personal checking account and […]

What is a Self Proving Florida Will?

| April 1, 2009

A self proved Florida will is a will that is executed by the testator in the presence of two witnesses and a notary public. The witnesses attest to the fact, in an affidavit attached to the will, that they witnessed the testator sign the will. Their signatures are notarized along with the testator. The benefit […]