A personal representative is the individual or trust company who is appointed by the Court to settle the affairs of the deceased and guide the estate through probate. Personal representatives are entitled to compensation when serving in this fiduciary capacity. Florida personal representatives are entitled to a commission based on…
What happens in Florida if someone gets divorced and then dies without updating their estate plan? Depending on the asset, Florida law provides a set of rules governing the effect of a divorce on that particular asset. Last Will & Testament Florida law provides that all provisions in favor of…
A will’s validity can be challenged in court if a will is signed by a testator because of the coercion, manipulation, duress or influence of another. The testator’s capacity, although possibly relevant, is not the focus of undue influence. Rather, that the testator who is declining in health or has…
The Florida Probate Code provides three methods to revoke a will: (1) written instruction; (2) physical act; or, (3) operation of law. Strict compliance with the probate statutes is required in order to effectively revoke a will or codicil. Revocation by Writing Florida law does not allow for the partial…
A caveat is the written notice—filed with the Florida probate court—that requires the clerk to give the caveator (the person filing the caveat) notice if a probate is opened for the person who is named in the caveat. If you are concerned that a Florida probate will be commenced without…
