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Home >> More Florida Probate Terms

More Florida Probate Terms

October 16, 2014 by Robert Kulas. Leave a Comment

More Florida Probate TermsEarlier this week we wrote a blog about some common Florida probate terms you should know if you are starting the estate planning process or facing a probate situation. This week we are going to expand on that list to talk about some additional Florida probate terms with which you should be familiar. Understanding not only what these terms mean, but how they might affect you, your family, and your estate, will allow you to be much more comfortable with the probate and estate planning processes. So, here are a few more Florida probate terms you’ll want to review.

More Florida Probate Terms

  • Petitioner. Documents submitted to a court that ask it to take an action are known as petitions, so a petitioner is anyone who asks a court, usually in writing, to take a specific action. Petitioners in probate cases can ask for a wide range of court actions such as naming an executor of an estate, removing an unfit executor, asking the court to rule on the validity of a last will and testament, or naming a guardian for an incapacitated adult.
  • Respondent. A respondent is the person(s) named in a petition. For example, if you want to petition a Florida probate court to name you as guardian over your incapacitated grandmother, your grandmother will be the respondent.
  • Legatee. Though rarely used today, a legatee is any person(s) or organization(s) who receives a gift of money from an estate through a last will and testament. More generally, it refers to anyone who receives a gift from an estate.
  • Devisee. A devisee is a person(s) or organization(s) who receives a gift or real property from an estate.
  • Beneficiary. A beneficiary is an umbrella term that refers to anyone who receives property from an estate or a trust, regardless of what kind of property it is. This term has largely replaced the legatee/devisee terminology.
  • Heirs. An heir is someone who is entitled to inherit from someone else. Though many people outside of the law use this term, it isn’t one that is often used in probate and estate planning circles. Essentially, heirs are determined by state inheritance laws, known as laws of intestacy. Should a decedent die intestate (without leaving behind a valid last will and testament) the intestacy laws determine who inherits.
  • Testators and Testatrixes. A person who makes a will is known as either a testator or a testatrix.  Traditionally, “testator” referred to men, while “testatrix” referred to women. Today, “testator” is often used as a gender-neutral term to refer to anyone who wrote a will.

To learn more, please download our free Florida probate report here.

Filed Under: Probate

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Probate law can be confusing for many families. When a loved one dies, questions about how heirs are defined and who gets an inheritance can often cause chaos in the family dynamic, unless you know the facts.
Probate Law and Its Impact on Heirs

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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