Jacksonville Elder Law and Estate Planning Attorney Blog

Who inherits in Florida if there is no will?

Probate and Administration

If there is no will, the Florida Statutes take care of distributing wealth of the person that died.  Yes, the government chooses. The legal term for someone dying without a will is “intestate” or “intestate succession.”  The probate estate will be referred to as an “intestate estate.”  Intestate succession in Florida is covered under Florida Statute Sections […]

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Should I drive a deceased person’s car?

Asset Protection Strategies for Seniors

My parent just died in Florida and probate has not started, should I drive the parent’s car around to run some errands? No.  Driving a deceased relative’s car around could expose the estate to liability.  In Florida, the owner of a car that causes an auto accident will be liable for damages.  If that owner […]

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4 Estate Organization Tips: Go through Florida Probate Fast!

Asset Protection Strategies for Seniors

This post is intended to assist an unmarried person with their estate organization so that wealth transition upon death goes smooth for the beneficiaries.  Married couple can also benefit from my post here.  Remember, when you die, the assets that you have in your sole name must go through a Florida probate court and your beneficiaries cannot touch the money without going to […]

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Update will or trust after new marriage?

Asset Protection Strategies for Seniors

Should I update my Florida will or trust, executed before marriage, that does not mention my spouse? As shameful as it is to admit this, I have a guilty pleasure of keeping up with celeb gossip – the rack at the Publix checkout line and witty bloggers sucked me in.  Sadly, Brittany Murphy passed away young and right […]

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Florida Inheritance Fight Defense Tool: Probate Caveat

Probate and Administration

How do I prevent someone from going behind my back in Florida probate estate administration?  How do I get notified when Florida probate starts? Answer: File a Probate Caveat You can file a probate caveat in the court in the county where the decedent lived.  A person filing a probate caveat is required to receive […]

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