Many individuals have questions about estate planning, end of life planning, wills, trusts, and probate. There is a lot of confusion about some of these issues. I try to answer some common questions about probate, estate planning and other legal matters in Florida on this site. Many of the answers to these questions involve my professional opinion.
Some other attorneys may have different opinions about how I answer; and that's fine. So long as the other attorney is a Florida lawyer, they are just as entitled to their opinion as I am. If you have specific questions regarding your personal situation, I would suggest that you contact myself or another Florida attorney. While the information that I present here is as accurate as I can make it, seemingly insignificant facts can make a big difference in the outcome.
None of this site is intended as legal advice, and the law is constantly changing. Please don't hesitate to get in touch if you have any questions or wish to discuss your specific needs.
Some other attorneys may have different opinions about how I answer; and that's fine. So long as the other attorney is a Florida lawyer, they are just as entitled to their opinion as I am. If you have specific questions regarding your personal situation, I would suggest that you contact myself or another Florida attorney. While the information that I present here is as accurate as I can make it, seemingly insignificant facts can make a big difference in the outcome.
None of this site is intended as legal advice, and the law is constantly changing. Please don't hesitate to get in touch if you have any questions or wish to discuss your specific needs.
Services
I serve all of The Villages, as well as North Lake County and Southern Marion County and all of Sumter County.
Probate fees start at $1000 for summary administration, and $1500 for full administration, plus costs.
The current filing fees for summary administration in Marion County is $345 and $400 for full administration.
If the estate is required to be advertised, publication in Marion County typically runs about $100.
There may be additional costs including copy and certification of court records, bonds for personal representatives, and other fees.
Probate fees start at $1000 for summary administration, and $1500 for full administration, plus costs.
The current filing fees for summary administration in Marion County is $345 and $400 for full administration.
If the estate is required to be advertised, publication in Marion County typically runs about $100.
There may be additional costs including copy and certification of court records, bonds for personal representatives, and other fees.
So you've moved to Florida.
You are going to spend your golden years in the sunshine, playing golf, having the grandchildren visit, and enjoying your retirement.
You do have a question as to what is going to happen to you in later years, and what is going to happen to the property you own.
First, a will.
A Will leaves your property to whoever you want when you die.
If you don't have a Will, Florida law will decide who gets your property; and it might not go to who you want if you die without a Will.
You are going to spend your golden years in the sunshine, playing golf, having the grandchildren visit, and enjoying your retirement.
You do have a question as to what is going to happen to you in later years, and what is going to happen to the property you own.
First, a will.
A Will leaves your property to whoever you want when you die.
If you don't have a Will, Florida law will decide who gets your property; and it might not go to who you want if you die without a Will.
Under most circumstances, no.
Unless the leave you something in a will, or unless you come from a state that recognizes common law marriage and were living in a common law marriage in that state, Florida does not normally recognize common law marriage.
The major exception to this is if you have been in a common law marriage in Florida continuously since 1968, when Florida changed the law.
While there are some theories for recovering some money or property if someone who you are not married to dies, these are difficult to pursue in court and there is no guarantee that you will be able to recover anything.
Unless the leave you something in a will, or unless you come from a state that recognizes common law marriage and were living in a common law marriage in that state, Florida does not normally recognize common law marriage.
The major exception to this is if you have been in a common law marriage in Florida continuously since 1968, when Florida changed the law.
While there are some theories for recovering some money or property if someone who you are not married to dies, these are difficult to pursue in court and there is no guarantee that you will be able to recover anything.
Under most circumstances, No. Frequently I will have potential clients call me up and say they found a gun, they took it to the police and asked if the gun is registered in Florida.
The police told them that the gun was not registered, and they turn the gun over to the police.
Strictly speaking, what the police are telling them is absolutely accurate, and perfectly misleading.
Florida has NO gun registration: Florida does not register guns.
So, of course, if you ask a police officer if a gun is registered in Florida they are being quite truthful in saying it is not registered; what some police agencies will leave out is that the reason that the gun is not registered is because we don't have gun registration in Florida.
The police told them that the gun was not registered, and they turn the gun over to the police.
Strictly speaking, what the police are telling them is absolutely accurate, and perfectly misleading.
Florida has NO gun registration: Florida does not register guns.
So, of course, if you ask a police officer if a gun is registered in Florida they are being quite truthful in saying it is not registered; what some police agencies will leave out is that the reason that the gun is not registered is because we don't have gun registration in Florida.
When someone dies and leaves property, and by property I mean not just real estate but anything of value- bank accounts, CD's, insurance policies, anything that's worth money, there's 3 basic ways that property can pass at death.
The first way is 'by contract', where the person who died had a contract with some third party who is holding the money or property, and the contract says that they will pay or transfer the property over to named beneficiaries upon their death.
Most common example of this is life insurance, where you have a contract with Met Life, the contract says that you name or your wife as beneficiaries, and when you die the wife provide the death certificate to Met Life, and they simply cut checks to the beneficiaries.
The first way is 'by contract', where the person who died had a contract with some third party who is holding the money or property, and the contract says that they will pay or transfer the property over to named beneficiaries upon their death.
Most common example of this is life insurance, where you have a contract with Met Life, the contract says that you name or your wife as beneficiaries, and when you die the wife provide the death certificate to Met Life, and they simply cut checks to the beneficiaries.
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