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...] about Pretermitted Children and Florida Estate Planning: Part 1 of 3
Florida’s Intestacy Laws Regarding Children: Part 3 of 3
As the final blog in the three-part series covering the rights that adopted children have to inherit from their adoptive parents, we will cover the specific intestacy laws governing the order of succession between family members of adopted children. An adopted child typically receives an equal share of his parent’s intestate estate as his or her other siblings. To further elaborate, we will … [Read more...] about Florida’s Intestacy Laws Regarding Children: Part 3 of 3
Florida’s Intestacy Laws Regarding Children: Part 2 of 3
Continuing our discussion of the legal inheritance rights that adoptive children have to inherit from their adoptive parents, we’ll look at the specifics of the Florida Revised Statutes. An adopted child is the adopting parent’s lineal descendant, according to Florida law. However, an adopted child is not a lineal descendant of his or her biological parents, according to Florida law. This means … [Read more...] about Florida’s Intestacy Laws Regarding Children: Part 2 of 3
Florida’s Intestacy Laws Regarding Children: Part 1 of 3
State laws establish the rights that intestate heirs have when their relatives or spouses die without first creating a Will or without creating a valid Will. Adopted children and adoptive parents may be subject to special state statutes since there are no biological blood relations between them. Typically, state statutes establish an order of priority or succession of an intestate decedent’s … [Read more...] about Florida’s Intestacy Laws Regarding Children: Part 1 of 3
Wills and Nuptial Agreements: Part 3 of 3
If you are asking your spouse to waive his rights to an elective share of your probate property by signing a prenuptial or postnuptial agreement, the validity of that waiver depends on several factors. At the very least, you must have entered into a valid written premarital or postnuptial agreement. A binding agreement requires that your spouse waive his inheritance rights voluntarily and without … [Read more...] about Wills and Nuptial Agreements: Part 3 of 3
Wills and Nuptial Agreements: Part 2 of 3
In light of the Florida Probate Code’s statute establishing elective share rights for surviving spouses, is there a way to legally disinherit your spouse? We discussed that without a properly drafted and valid prenuptial or postnuptial agreement, you cannot disinherit your spouse. You can disinherit your spouse if she freely waives her right to receive an elective share by entering into a nuptial … [Read more...] about Wills and Nuptial Agreements: Part 2 of 3
Wills and Nuptial Agreements: Part 1 of 3
The Florida Probate Code is Title XLII, Chapters 731 through 735 of the 2011 Florida Statutes. Pursuant to the Florida Probate Code, a surviving spouse has a legal right to receive an elective share of her deceased spouse’s probate estate at his death. By electing to receive her statutory share, she disclaims her interest in his will in favor of her elective share. Florida law sets a surviving … [Read more...] about Wills and Nuptial Agreements: Part 1 of 3
Estate Planning for the Blended Family
There can be a lot of joy and excitement in a second marriage. There can also be a lot of angst about bringing two families with children together. Sometimes it goes very well, while it can be very challenging at other times. Aside from the logistics of blending a family, there are estate planning issues that also need to be addressed early to avoid confusion and conflict down the road. When you … [Read more...] about Estate Planning for the Blended Family
Estate Planning Challenges for Blended Families
Today’s household is much more varied than it used to be. One or both spouses may have been married previously and have children from those marriages, creating a unique family unit. But coordinating living arrangements isn’t the only challenge for blended families. Quite the contrary, creating a suitable estate plan can be quite a test as well. Fortunately, there are a few things you can do to … [Read more...] about Estate Planning Challenges for Blended Families
