In the last two blogs, we covered the lack of legal rights that unmarried cohabitants have in Florida, including the rights to receive probate assets at one partner’s death without a legally binding will. The lack of probate rights extends to children of your domestic partner, even if you raised them together. A child of two domestic partners may have legal rights to inherit property if you … [Read more...]
Florida Law and Unmarried Domestic Partners: Part 2 of 3
Continuing our discussion from the previous blog entry regarding the lack of estate planning and property rights that unmarried domestic partners have under Florida law, we will cover what happens if you fail to draft a legally valid will or die without first creating a will pursuant to the Florida laws of intestate succession. If you are in a domestic partnership with another individual, but … [Read more...]
Florida Law and Unmarried Domestic Partners: Part 1 of 3
In several states, state legislatures enacted laws allowing same-sex partners and opposite-sex domestic partners to register their partnerships and receive some legal rights and protections. In Florida, the Legislature does not recognize domestic partnerships between unmarried same-sex and opposite-sex residents. Thus, if you live in Florida, your unmarried domestic partner will not receive any … [Read more...]
Average Americans That Really Need an Estate Plan
Many average Americans seem to be under the impression that they do not need an estate plan. The idea seems to be that if you do not have a palatial estate then there is no way you need an estate plan, right? Wrong. Virtually everyone has an estate when it comes to estate planning; basically, if you have property when you die, you have an estate. For someone who only owns a reclining chair and a … [Read more...]
Second Marriages and What You Need to do With Your Estate Plan
A lot of people entering into a second marriage in Florida have not taken the time to properly update or change their estate plans. Not only that, but many in second marriages aren't sure what their new relationship will mean for questions of inheritances, incapacity, and other essential estate planning topics. Today we are going to take a look at why you need to revisit several key estate … [Read more...]
3 Questions About Estate Planning With Step-Children
Question 1: What will my stepchildren inherit from me? It all depends on the estate planning choices you make. However, under the law, stepchildren are not entitled to inherit from you automatically. Only biological children and other relatives can inherit from your estate if you die without leaving behind a will or other estate planning mechanism. This means that if you die without creating an … [Read more...]
How a Prenup Can Fits Into Your Estate Plan
Couples entering into a second or subsequent marriage, or those who already have children, will want to consider using a prenuptial agreement before you get married. Prenuptial agreements can give each spouse the ability to make an estate plan which will remain secure should you later divorce. For instance, through a prenuptial agreement each spouse can choose to waive the right to inherit his or … [Read more...]
Pretermitted Children and Florida Estate Planning: Part 3 of 3
Pretermitted children are those unintentionally omitted from a parent's will. Most states enacted special statutes protecting the inheritance rights of pretermitted children. The Florida Legislature enacted the pretermitted child statute allowing a pretermitted child to receive a mandatory share to avoid unintentional disinheritance. Specifically, Section 732.302 applies to pretermitted children. … [Read more...]
Pretermitted Children and Florida Estate Planning: Part 2 of 3
In the last blog, we discussed the definition of pretermitted children and covered some examples. A pretermitted child is a child unintentionally omitted from a parent’s will because of a parent’s unawareness of the child's existence. A pretermitted child may be the biological child of a parent unaware of their birth. It may also be the adopted child of a parent. Generally, with adopted parents, … [Read more...]
Pretermitted Children and Florida Estate Planning: Part 1 of 3
In this three-part blog series, we will discuss the Florida Statutes’ treatment of pretermitted children. We will cover Title XLII, Estates and Trusts, and Section 732 of the 2011 Florida Statutes. This section addresses intestate succession and wills. A pretermitted child is one unintentionally left out of their parent’s will. A pretermitted child is not one a parent intentionally omitted or … [Read more...]
