Devise of Homestead with Spouse and Minor Children in Florida

Devise of Homestead in Florida with Spouse According to Florida Statute 732.4015 “Devise of homestead”, “…as provided by the Florida Constitution. The homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse […]

What is a Revocable Trust?

A Revocable Trust is also known as a Living Trust. It is a legal document that is created by you (or you and your spouse) to manage your assets, such as real property and investments during your lifetime and distribute the remaining assets after you pass away. The person that creates the Revocable Trust is […]

Who Can Serve As Personal Representative In Florida?

When a Formal Administration probate is opened in Florida, the Estate must be represented by a person.  In Florida that person is usually called the “Personal Representative” but this is synonymous with the terms “Executor” and “Administrator”. The Personal Representative acts on behalf of the Estate after the Judge issues what is called the “Letters […]

What Is The Difference Between A Power Of Attorney And A Durable Power Of Attorney?

This is an interesting question that I am often asked in my Estate Planning consultations. The answer is, a Power of Attorney will terminate once the principal becomes incapacitated. A Durable Power of Attorney is a special kind of Power of Attorney that will not terminate if the principal becomes incapacitated. Instead, the Durable Power […]

What is Probate?

Probate is the legal procedure for identifying and acquiring the assets of the decedent, paying their debts, and distributing the decedent’s assets to his or her designated beneficiaries or heirs at law. Many people are confused when they have to start the probate process because they believed having a valid Last Will and Testament would […]

What is a “Lady Bird Deed”?

A Lady Bird Deed is also known as an Enhanced Life Estate Deed.  These types of deeds are very popular in the state of Florida for a variety of reasons. In certain situations, these types of deeds can be an effective tool to have your Florida real property avoid probate. A Lady Bird Deed does […]