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Last Will and Testament
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Can the Homestead Exemption Apply to a Mobile Home in Probate?

The homestead exemption in Florida can protect a home from creditor claims when it meets certain requirements. Pursuant to the Florida constitution in Article X, Section 4(a), real property can qualify as a homestead “if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements there […]; or Read More

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2018 Year in Review – Lehn Law, P.A. is Wrapping up 2018 and Ready for 2019

While you are spending time reading online about 2018 lists, reviews, and top this and that, Lehn Law, P.A. enjoyed a year end luncheon to wrap up our 2018. We hope you had as good of a 2018 as we did. We started out the year at new office locations for both our Port Charlotte Read More

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How do I choose who will be the guardian for my minor children if I die?

Parents of minor children can be rightfully concerned about who will care for their children if they are not able to do so. It would be expected that if one parent is unable to care for the children, custody will go to the other parent. However, what if both parents die or become incapacitated? Who Read More

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Can an estate have two personal representatives?

Some individuals may designate two personal representatives instead of one in their will. Their intentions may be to not hurt any feelings by only choosing one. But having two personal representatives, referred to as joint personal representatives or co-personal representatives complicates a probate administration. Florida probate statute Section 733.615(1) states that “if two or more Read More

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What is the difference between an Executor and a Personal Representative?

When an individual passes away, much needs to done to settle their affairs, which may include liquidating and distributing assets, paying debts and filing tax returns. The person who is entrusted with this responsibility may be called an executor, a personal representative or administrator. These titles all refer to the individual acting in a fiduciary Read More

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How to get a will admitted if it is not self proving?

In a previous blog, we discussed the Florida requirement that a will be self proving. A self proving will must, in addition to the will being signed and dated by the testator, the person whose will it is, includes an acknowledgment should be prepared and signed by the testator and affidavits of the witnesses. The Read More

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What if the Will is Not Self-Proving?

In a previous blog, we discussed the need for a will to be self-proving. In other words, that the will include an acknowledgment or affidavit by the person whose will it is and two witnesses. But what if the will you need to probate isn’t self-proving? It depends on the circumstances. If the decedent, person Read More

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WHAT IS A FLORIDA SELF PROVING WILL?

When a client comes in to our office and brings a will for probate, they have confidence that it can easily be filed and used in the probate. Unfortunately, that is not always the case. Just because a will was prepared and signed, doesn’t mean it meets the Florida Statute requirements to be admitted to Read More

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Estate Planning – Documents You Need

We all know that estate planning documents are an important part of our financial and long term planning. Whether we are young or old, having the right documents can give us peace of mind. Completing estate planning documents takes the burden of having to make tough decisions off of our loved ones. It also helps Read More

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The Dangers of a DIY Will

Do it yourself (or “DIY”) is becoming more popular every day. There is a DIY for almost everything from household products to legal documents. DIY wills offer a cheaper alternative to hiring an attorney, but as attractive as those prices may seem, it can be a risky approach. Many people are avoiding hiring an attorney Read More

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