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Probate: The Basics

What is Probate? Probate is a process for gathering the decedent’s assets, paying taxes, claims and expenses and distributing assets to beneficiaries. This is the first legal step of administering the estate of the deceased person through a will. Florida law establishes two types of probate administration: Formal and Summary. These two types of administrations vary...

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Last Will and Testament vs. a Living Will

Adults of all ages benefit from the creation of both a Last Will and Testament and a Living Will. These legal documents ensure the carrying out of your beliefs and values in your absence. Usually, people create or update their Wills upon marriage, having a child, changing jobs or reaching retirement age. Having a current Last Will and Testament...

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Whether Your Florida Will is Valid

A will is an instrument that is executed with certain formalities that may be revoked within in the maker’s lifetime and operates only after the maker (“testator”) dies. If you’re wondering whether your Florida will is valid, consider the following. In Florida, a valid will requires certain formalities. These formalities include the testator’s signature, witnesses,...

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Notary Public vs. Civil Law Notary

Notary public vs. civil law notary: A civil law notary is distinct from a notary public. On the one hand, a Florida notary public requires very little training, payment of a small fee, and very few duties and responsibilities. On the other hand, a civil law notary requires extensive training, has a tremendous amount of...

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Personal Representative of Florida Ancillary Probate

If a non-U.S. resident dies leaving assets in Florida, an ancillary administration is necessary. The personal representative of Florida ancillary probate proceedings has the duty of organizing the decedent’s assets located in Florida, giving notice to creditors and paying valid claims, and distributing the remaining assets according to the decedent’s will or the intestacy statutes. If...

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Florida Adopted Child Inheritance Law

In Florida, the adopted child inheritance law is the same as the natural child inheritance law. Adopted children are treated the same as natural children for purposes of intestate succession. Intestate succession is the order in which property passes from the decedent to the decedent’s heirs. The term intestate describes an estate that passes without a...

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Probate in Florida Month

September is Probate in Florida Month at Boyer Law Firm! Probate isn’t just for U.S. Citizens. It’s also for Non-U.S. Citizens and resident aliens. If someone owns property in Florida, their estate will go through probate in Florida. No matter their citizenship or residency status, they will need to have their estate probated in the...

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International Estate Planning Concerns

Everyone who owns property inside and outside the United States needs to invest in estate planning. It can be a straightforward, but there are some unique international estate planning concerns  that arise when dealing with multiple wills. One of your biggest concerns should be your will. If you have a will in another country and you own assets in Florida, like real...

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Florida Will vs. Trust

Us caretaker types are always thinking about how to make sure we leave our loved ones in the best financial position after we pass on. A good planner creates a will, to leave behind bank account assets, properties, and anything else of value. Though a great planner delves a little deeper and researches the tax...