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Florida is not a community property state. Florida is, however, a recipient of domestic and foreign migration. Often, those that relocate to Florida come from community property states, or countries with property rights akin to community property states that require due consideration. In addition, even if the married couple that…
Author: Brian M. Spiro
No contest clauses in Florida wills are unenforceable. Frequently, no contest clauses are referred to as in terrorem clauses. Historically, many lawyers would draft wills with no contest clauses in order to discourage individuals from challenging the wills. A typical no contest clause would state that if a beneficiary under…
The Florida Fourth District Court of Appeal upheld a settlement agreement executed by an alleged incapacitated person prior to the hearing adjudicating that person’s incapacity.
Under Florida law there is no requirement to probate a will. When determining whether or not to probate a will it is important to consider the following: What assets must be transferred out of the Decedent’s name? If there are no probate assets there would be no reason to probate…
The Florida Trust Code provides that “the trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.” Fla. Stat. § 736.0813. The trustee owes a duty to inform and account. The trustee’s duties to each qualified beneficiary include but are not limited…
