Florida Will Contest Seminar
The firm prepared a Florida will contest guide, to provide information about Florida will contests in probate. The Florida Will Contest Outline can be viewed here.
The firm prepared a Florida will contest guide, to provide information about Florida will contests in probate. The Florida Will Contest Outline can be viewed here.
Florida has made an important change in its inheritance law for surviving spouses. In the absence of a will, under current Florida law, an existing spouse of a deceased Florida resident is entitled to $60,000 plus 50% of the decedent’s estate if all the decedent’s children are also children of the existing spouse. However, effective October 1, 2011, Florida law has been amended so that, if all of the decedent’s children are also children of the surviving spouse, the surviving spouse is entitled to 100% of the estate.
If the deceased Florida resident has at least one child with a person other than the surviving spouse, and there is no will, the law is unchanged. The surviving spouse receives half of the estate, and the children of the deceased person share the other half of the estate. (Grandchildren take the place of a parent who has previously passed away.)
The change in law is intended to reflect the way in which most estate plans are constructed when there is a will. For married couples with children only of the marriage, the spouses do typically leave their entire estates to each other. By changing the Florida law of intestacy to better reflect how most estate plans operate, there will be more conformity of estates whether or not there is a will.
The country music supergroup, the Pistol Annies, just released a new album, titled Hell on Heels, with a song titled "Family Feud," which describes how a typical probate dispute gets started. Here are the lyrics:
Fine china stacked by the kitchen sink
Aunt Tammies in there claiming all the diamond rings
Uncle Bobbs holding up the TV set
The only thing they are grieving over
Is what they ain't gonna get
She's only been in the ground a day or two
I'm glad Mama ain't around to watch this family fued
[ Lyrics from: http://www.lyricsfreak.com/p/pistol+annies/family+feud_20979109.html ]
Great gran daddy's shotgun started it all
She wasn't even cold
Before they ripped it off the wall
Wondas fighting Angie over antique quilts
Nobody even waited for the reading of the will
If Daddy was here he'd beat us black and blue
I'm glad mama aint around to watch this family fued
I'm watching it all go down in shame
Wish the whole house ould go up in flames
Who gives a damn about a cedar chest
When we just laid her soul to rest
She's only been in the ground a day or two
I'm glad Mama ain't around to watch this family fued
She's probably rolling over in her grave
'Cause the good lord giveth and the family taketh away
You can listen to the song here. For inheritance funding.
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