Jacksonville Elder Law and Estate Planning Attorney Blog

Why can’t I simply go to the bank and get accounts put in my name instead of paying an attorney to probate a Florida estate?

Probate and Administration

Quick answer: banks and brokerages do not like to be sued or fined when people lie to them and say that “I am beneficiary under the will, my parent is dead, please empty my parent’s bank account, and give me the cash.”  Banks want proof from the court that the person died and you are entitled to […]

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Will My Ex-Spouse Inherit from Me If I Die in Florida?

Asset Protection Strategies for Seniors

It is sad when people go through divorce both financially and emotionally.  One thing my clients tend to worry about is whether their soon-to-be ex-spouse will receive any money from them if they die (sorry for the plethora of hyphens in the last sentence).  Barring a prenup or post-nuptial agreement to the contrary, Florida trust and estate law has […]

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4 Costly Mistakes of a Standard Will under Florida law

Asset Protection Strategies for Seniors

If you found this post, you probably have figured out by now that everyone should have a will if you live in Florida.  I have discussed what happens if you do not have a will in Florida.  So, here are a few items to consider when writing a standard will:       Standard Will […]

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Is Your Florida Home or Joint Bank Account Titled Correctly with Your Spouse to Avoid Probate and Protect Against Creditors?

Asset Protection Strategies for Seniors

The purpose of this post is to provide married couples with a house or bank account in Florida with instruction on the correct manner to title your assets to avoid Florida probate and your spouse’s creditors. If you are married, the assets that you desire joint ownership with your spouse should be titled “__________ and ____________, as […]

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Can My Spouse Leave Me With Nothing In His/Her Will Under Florida Law?

Probate and Administration

Well, you have come to the right place for help if you live in Florida.  Fortunately, the Florida Constitution and Statutes provide a few strong protections for a surviving spouse, which should be another reason to retire in Florida.  Florida law will give you a place to live and money to support yourself as long as you do not sign a […]

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