Does a personal representative need to be a family member?
No, in Florida, a personal representative does not need to be a family member or spouse, as long as the personal representative is a legal resident of the state of Florida. Who can be named as personal representative? A personal representative, also commonly known as an executor, is in charge of your estate after you […]
Should you include funeral wishes in your will in Florida?
Yes, you should include your funeral wishes in your Florida will. But you should also communicate your burial wishes to loved ones in other ways. Wills often are not read until after the funeral, so they should not be solely relied on to communicate your funeral wishes. There is no prohibition on including your funeral […]
Can a personal representative change a will?
No, generally the personal representative is not allowed to alter or ignore a validly executed last will and testament. However, if all beneficiaries of an estate make an agreement to change the distribution, then the personal representative may distribute the assets accordingly. Sometimes, what is in a will surprises beneficiaries. Perhaps everyone expected an even […]
Does Florida Allow Common Law Marriages?
No, Florida does not recognize common law marriages entered into after January 1, 1968. But if you entered into a common law marriage prior to January 2, 1968, then the marriage might be valid. Additionally, Florida recognizes valid common law marriages from other states that recognize common law marriage. However, common law marriage never applies […]
Disadvantages of a Lady Bird Deed in Florida
A Florida lady bird deed, also called an enhanced life estate deed, can be a useful estate planning tool. In fact, the lady bird deed is my favorite way to transfer a homestead. It avoids probate without giving up Florida’s homestead protections. But there are also disadvantages to using a lady bird deed, and you […]