When a Florida resident dies without a will, the decedent is said to have died intestate, and the Florida Probate Code states who will inherit the estate. If there is a surviving spouse and no descendants, then all goes to the surviving spouse. If there are descendants and no surviving spouse, then all goes to…
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Everyone knows that it’s the “last” will that someone makes before they die that counts. But it’s really the last “valid” will that counts. So who’s to say what’s the last valid will? The probate court gets to decide that. And for the probate court to decide, it needs to have all the wills that…
Continue reading ›When a Florida resident dies without a will, they are said to die intestate. When a Florida resident dies with a will, they are said to be testate. A will names beneficiaries who receive the estate assets after payment of expenses, taxes and claims and names a personal representative (PR) to collect the assets, pay…
Continue reading ›Should You Tear Up Your Old Will When You Sign A New One? Should you tear up your old will when you sign a new one? It depends. Here are the general rules you need to think about if you’re a Florida resident: You can sign a last will and testament that names who gets…
Continue reading ›If you are holding a Florida resident’s last will and testament, you have just ten days to file it with the Clerk of Court after you learn of the death. That’s Florida law. It applies to the original of the will, not copies. In a recent case, a daughter allegedly failed to file an original…
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