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For the most part, if a person dies with or without a will and has assets in his or her name only, then probate is necessary to distribute the assets and property. But what assets go through probate in Florida? PROBATE PROCESSProbate, often referred to as estate...
When you give gifts to heirs in Florida, what are the tax implications, and who pays the tax? The good news is that the recipient of the gift, even if it is cash, does not owe any taxes to the Sunshine State. The reason is: making a gift to an heir in Florida is not...
When a person dies without making a will, the process that determines the distribution of his or her assets is referred to as intestate succession. For example, if you die without making a will, no one can legally distribute your estate/assets. This matter is then...
People always ask, “Do you need a Florida inheritance lawyer?” The answer to this question depends on several factors. First, if you have little or no idea what probate is, it is important to consult with a lawyer. Second, if there is no will and/or there are family...
Filing a will is not the same as going through the probate process. The court can always appoint an executor for the probate process if the decedent did not create a will. Probate may not be necessary if the decedent had no assets or limited assets, but you must still...
One of the most important documents for estate planning is the will. It is this document that will govern what happens to your estate after your death. There are many types of wills in Florida. A will that is well-drafted and executed will ensure that your assets will...
A handwritten will is often referred to as a holographic will. The person writing the will (testator) writes down all his/her assets on a piece of paper and defines how they should be distributed after death. He or she may also name a personal representative in the...
After death, the executor or the personal representative of the decedent must file or register the original will with the local county where the decedent resided. One has the option of mailing in the copy of the will and death certificate or going in person. You will...
Making the decision to create a Florida Last Will and Testament that is designed to benefit your survivors is not a happy matter to contemplate for many people. Once you understand its importance, however, you will know it is a document that needs to be prepared. Once...
Most people do not discuss their finances or the contents of their will, even with family members. The will is usually a private document that is kept hidden away in a bank box, with a lawyer, with the executor of the will, or left with a trusted friend. The reason is...
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