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 as having predeceased the victim. They shall not inherit from the victim’s estate, trust, or […]
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 733.107. To constitute undue influence, the influence must amount to over persuasion, […]
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 probate their spouse, partner, or loved one’s will. Though there […]
Considerations on Being a Personal Representative in an Orlando, Florida Probate Estate Administration
When you consider becoming a personal representative in a probate state administration, you should first meet with an attorney about representing you and filing the Probate Administration paperwork. At the initial consultation, the attorney will explain the process of probating an estate in the Orlando, Florida area. They will determine whether you can file a Summary Administration […]
Can an Illegitimate Child or Child Born Out of Wedlock Inherit from Their Biological Father in the Orlando, Florida Area?
Whether an Illegitimate Child or Child Born Out of Wedlock can inherit from their Biological Father depends on many factors. The first question to ask is whether the Biological Father died Testate or Intestate. Testate means the Biological Father had a will. Intestate means the Biological Father died without a will. Of course, if there is a […]
Contesting the Beneficiary Designation in the Orlando, Florida Area
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 retirement plans or IRAs utilize beneficiary designations to distribute assets at the time of the […]
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 with electronic notaries and electronic wills. The Governor signed the bill on June 7, 2019. There will now be electronic wills […]
Potential Probate Issues When The Personal Representative May Become A Creditor Of The Estate
You just got appointed Personal Representative of an estate. Through the efforts of your probate attorney you now have authority to act regarding the estate pursuant to Letters of Administration being granted by the probate Judge. This is when you should always contact your attorney if you have any questions regarding your authority to act. […]
When is it necessary for a Florida Estate to go through Probate?
In Florida, there are three (3) options for a deceased person’s estate to be properly and legally disposed of: (1) Disposition without Administration (2) Summary Administration (3) Formal Administration. Disposition without Administration, is reserved for when the deceased person has very little assets. Pursuant to Florida Statute 735.301, a person who paid the decedent’s final […]
Is Your Probate Estate Testate or Intestate?
When a Person dies in the State of Florida, it must be determined if there is an estate that will proceed through probate, and whether the estate is testate or intestate. An estate is testate when the person who died, had a legally valid Will that is recognized by the Probate Court. As long as […]