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Probate

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Who is Eligible to Be a Personal Representative of an Estate in the Orlando, Florida Area?

Florida Statute 733.302 provides general guidelines on who may be appointed as a personal representative. This statute says that, subject to the limitations in this part, any person who is s...

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Did You Know You Can Now Use the Collaborative Process in Probate Disputes?

In Florida, the Collaborative Process became law in 2017. Participants have been using the process since then in the Marital and Family Law area to resolve cases in a more amicable, less stressful, less contentious, and more economical way. The process is now availabl...

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Updates to Florida Probate Rules

The Florida Supreme Court adopted the Florida Bar's Probate Rules Committee recommended changes to Florida Bar's Probate Rules. What does this mean? It means there are now new laws regarding the Probate Administration of an Estate. 

Why these rules are ...

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How Does Florida House Bill 1041 Help Protect the Elderly, Specifically Vulnerable Adults?

House Bill 1041 made the penalties harsher and more severe for individuals convicted of the following offenses on an elderly or disabled person: Abuse, Neglect, Exploitation, or Aggravated Manslaughter. An individual who is found guilty of those offenses shall be seen...

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How Can You Prove Undue Influence in an Orlando, Florida Will Contest? 

Under Florida law, a Will is void if the execution is procured by undue influence. This is outlined in Florida Statute 732.5165 Florida Statute (2021). The burden of undue influence lies with the party seeking to invalidate the Will according to Florida Statute 733.10...

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Issues of Bereavement After a Spouse, Partner or Loved One’s Death in the Orlando, Florida Area

There was an interesting article in the Orlando Sentinel on Saturday, October 2, 2021 by Marni Jameson titled "Tips to help bereaved partners move on at home." This is an issue that probate administration attorneys may face while dealing with a client who must now pro...

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Can an Illegitimate Child or Child Born Out of Wedlock Inherit from Their Biological Father in the Orlando, Florida Area?

man signing will

Most wealth transfers at death are made pursuant to POD or TOD designations, which are distributed outside of a probate or trust administration. Most retirement assets are held in qualified retirement plans or individual retirement accounts (IRA). Assets in qualified retirem...

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Updates and News Regarding Electronic Notaries and Electronic Wills in Orlando, Florida Area

Here are some updates in elder law in the Orlando, Florida area regarding Electronic Notaries and Electronic Wills in Orlando, Florida area. 

The Florida House and the Florida Senate adopted House Bill 409 dealing wit...

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