Jacksonville Elder Law and Estate Planning Attorney Blog

Is it Difficult to Go Though Florida Probate?

Probate and Administration

The difficulty or hassle of going through Florida probate depends on a few main factors: 1)      Who is in charge of the Florida probate? The person in charge of the estate is called the person representative in Florida.  In other states, the person in charge of the estate is called the administrator, executor, and my favorite, […]

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Does a trust avoid probate in Florida?

Asset Protection Strategies for Seniors

Most of the time an attorney drafted and administered trust will avoid probate and guardianship costs, but the simple fact that you have a document titled “Trust,” “Declaration of Trust,” or “Trust Agreement” will not always guarantee probate avoidance.  Florida assets held in the decedent’s individual name will have to go through probate, and creditor can […]

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Can I Contest or Challenge a Will or Trust in Florida that Says I will Get Nothing If I Challenge that Will or Trust?

Probate and Administration

Much ado has been made in the blog world about the “No Contest” provision in the Michael Jackson will.  “No contest” provisions are not enforced in Florida. In normal person’s terms, a “no contest” provision is a provision in a will that penalizes someone for suing to invalidate a will so they could get more money.  In legal […]

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Is There a Reading of the Will?

Probate and Administration

A very common question I hear asks, “When is the reading of the will?”  Answer: Not really. When is the Will actually read? Sometimes the person nominated in the will to be in charge of the estate, known in Florida as the personal representative and in other states as the executor, will have control of the decedent’s last original will. […]

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