Last wills and testaments include a number of unique terms which often confuse individuals who are not familiar with the probate process. One of the most common terms that confuses individuals is “per stirpes”, which literally is translated to English as “by the branch”. This term refers to how the testor’s assets will be distributed…
Florida Probate Litigation Overview Probate litigation includes legal cases regarding guardianship, will and trust disputes, involuntary hospitalizations, and competency hearings. The Probate Division of Circuit Court handles probate litigation cases. Most often, litigation occurs when people with fairly large estates pass away without a will or trust. Other times, family members may dispute a will…
In Florida, trustee compensation is guided by Florida statutes which specifically state that trustees are entitled to reasonable compensation under the circumstances. This is obviously open to interpretation, which makes the determination of the exact amount of compensation challenging. There are a number of different ways in which fees paid to trustees are calculated, which…
In Florida, the Notice of Administration is a formal document that seeks to notify all interested parties of the decedent’s death, as well as the filing of their last will and testament as part of the probate proceedings. Specifically, this will mention a time period within which objections to probate proceedings must be filed in…
Elective Share and Florida Law Florida law includes a surviving spouse’s right to an elective share of a deceased spouse’s estate. Florida’s Probate Code Chapter 732 contains this right. Legislators enacted this statute to protect the living spouse’s financial security. The elective share is usually 30% of the decedent’s estate, regardless of the terms of…