When you pass away and leave behind a will or other estate planning document, it will go through probate. In essence, this is the process of making sure the will is valid, all debts and taxes are paid and property is distributed properly. In Florida, the main type of probate is formal administration. However, property may be distributed via summary administration as well.
Formal administration is a longer process that is most often necessary for probate….
When you are going through the process of estate planning, remembering to include provisions for :Mittens,” your cat, can often slip your mind. After all, you may just assume that your heirs will take care of your pet like you did. Like most states, Florida has a pet trust law that allow your beloved companion to receive care from your estate after your passing. It is a matter of making sure all your affairs are in order.
First, you need to make sure you have a trustee in place who will take care of the pet after your passing….
The misconception that establishing guardians through a court procedure in Florida is only done in cases involving children may have come about because of the terminology used in the statute. The legislation authorizing the appointment of a guardian for an incapacitated individual refers uses the term “wards.”
Wards may be children or adults who are in need of someone to provide physical care for the person or for the individual’s assets and property. A guardian of the person is appointed to make decisions for the day-to-day needs of the ward including medical, housing and other services….
Palm Beach County residents might be concerned about problems that could arise if they became incompetent or incapacitated. They want the peace of mind that comes from knowing that another person is authorized to handle things for them. The document to make this happen is a power of attorney.
Powers of attorney are legal documents that appoint another person as the agent with authority to act on behalf of the maker, or principal, of the power of attorney….
One of the challenges associated with wills is to create a document that will accomplish the stated wishes of its maker who is formally known as the “testator.” A will must clearly convey the thoughts and wishes of the testator who will not be around when the document is offered for probate to explain what he or she intended.
For the same reason, a will contest can be particularly troublesome because it may result in the entire will or key provisions of it being voided by a probate judge….