general
Our FAQ
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What assets are exempt from probate in Florida?
In Florida, certain assets are exempt from the probate process. These typically include:
- Homestead Property: The primary residence of the deceased.
- Household Furnishings: Furniture, appliances, and belongings in the decedent's main residence, valued up to $20,000.
- Motor Vehicles: Up to a specified limit.
- College Tuition: Specific exemptions may apply.
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Can I challenge a Will that does not make any provisions for me because I married the testator after he made it?A will contest is generally not the appropriate mechanism to secure your inheritance in this circumstance. You are what is known as a “pretermitted” spouse. The law assumes that a decedent wants to provide for his spouse and – to the extent the marriage took place after the execution of the Will – that the decedent intended to provide for you. Florida Statute §732.301 provides for an intestate share of the estate to the pretermitted spouse. Of course, if you and your spouse had a pre-marital agreement wherein you waived your right to inherit, then you would not be entitled to a pretermitted share of the estate.
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Can I challenge “changes” made to a Will by handwritten notes on the original?Yes. Sometimes a testator (or someone) will attempt to make changes to a Will by writing directly on the original – crossing out names, changing percentages, modifying personal representative nominations. These changes are not valid. The proper way to change a Will is to execute a completely new Will that revokes the prior one or to execute a “codicil” which is an amendment to the Will that changes certain provisions. Codicils must be executed with the same formalities as a Will.
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Florida Will Contest FAQ
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Florida Probate FAQ
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Federal Resources
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Florida Probate Litigation Cases
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Florida Resources
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Referring Attorneys
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Seminars