by Laurie Ohall | Feb 15, 2011 | Estate Planning, Probate
Florida Probate Florida law recently changed in October, 2010 with respect to how a homestead passes from the decedent to his or her surviving spouse and descendants. Under the old law, if the house was solely in the name of the decedent who was survived by a spouse,...
by Laurie Ohall | Feb 7, 2011 | Estate Planning, Probate
If a person dies without a Will (or if the Will is invalid), then the estate is “intestate”. This simply means that Florida law dictates the decedent’s heirs and who is entitled to administer the estate, i.e., be the personal representative/executor. If someone dies...
by Laurie Ohall | Feb 3, 2011 | End of Life Issues, Estate Planning, Living Will, Probate
A will in Florida is a writing, signed by the decedent and two witnesses, that meets the requirements of Florida law. Additionally, to save your estate costs at your death, the Will should have a “self-proving affidavit” where both the decedent and the witnesses sign...
by Laurie Ohall | Jan 27, 2011 | Probate
is necessary in order to pass title or ownership of an asset to the decedent’s beneficiaries. If the decedent died with a Florida Will, this is called a “testate” estate and the Will dictates who gets the assets and who gets to administer the estate. If the decedent...
by Laurie Ohall | Jan 21, 2011 | Power of Attorney for Estate Planning, Probate
That depends on how the bank account was titled. Assets must go through Florida probate only if they are owned solely in the decedent’s name at death. In other words, there were no co-owners on the asset nor were there beneficiary designations (such as with life...
by Laurie Ohall | Jan 17, 2011 | Estate Planning, Probate
What is probate? Probate in Florida is a court-supervised process where assets of a deceased person (the decedent) are identified and gathered by the personal representative/executor (means the same thing). Essentially, the personal representative pays the decedent’s...
