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…
Category: Probate
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…
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…
A probate estate may be re-opened after it has been closed and the personal representative has been discharged for several reasons. If assets are discovered after an estate is closed, the estate may be reopened to probate the recently discovered assets. See, e.g., Continental Motors, Inc. v. Rosenthal, 278 So.…
Under Florida law, attorneys for personal representatives shall be entitled to reasonable compensation payable from estate assets without court order. See, Fla. Stat. § 733.6171(1). Florida law requires that an estate have both a personal representative and an attorney during the administration of an estate. The attorney requirement may be…
