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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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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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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 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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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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What Does a Personal Representative Do?

Maybe you knew the day would come. Or maybe you were surprised to find out when you read the Will. Perhaps someone else read the Will and then informed you. Whatever the case, it is YOUR name listed to be the personal representative of the estate. What does that mean for you? What does a Read More

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Do I Get Paid for Being a Personal Representative?

The Court has granted you authority to oversee the administration of an estate. The Judge has signed the Letters of Administration appointing you as personal representative. There is potentially a lot of work ahead of you. Fulfilling your role as personal representative can be time consuming and even frustrating. Will you get paid for your Read More

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What happens to debt after you die? PART 2

When a person dies their debt passes, NOT to their heirs, but to the ESTATE created at the person’s death. An estate is comprised of all of that person’s money and assets. There is a limitation on claims against estates if the person has passed away over 2 years before (Florida Statute 733.710). In that Read More

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Avoiding the Contest of A Will

In a previous blog, I talked about contesting a Will. I mentioned how unlikely it is for someone to win the lawsuit when they are challenging a Will. In many cases, someone would try to challenge a Will if the individual was deemed to no longer have mental capacity when the Will was signed. However, Read More

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What if someone contests my will?

It has been the law in Florida for many years that Florida judges must make every effort to respect the wishes of the person who has passed away and whose property is being probated. As explained by a Florida judge back in 1927, “ … wills should be given effect except on clear showing of deception, Read More

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