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MORE FLORIDA PROBATE INFORMATION

What is the Uniform Anatomical Gift Act?

What is the Uniform Anatomical Gift Act? Originally established in 1968, the UAGA has undergone multiple revisions, more specifically, they were in 2006 and 1987. The law's implementation followed on the heels of a very sentimental scenario the year before. A successful heart transplant provided inspiration for the act. It was the first countrywide legislation to govern the giving of organs and body parts as [...]

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Tortious Interference in Florida Probate

Tortious Interference in Florida Probate Tortious interference with regards to inheritance law is one of the most important classifications to keep in your back pocket when enduring a FL probate case. It occurs if one party, by means of coercion, fraud, or underhand methods, circumvents an expected gift or inheritance. In other words, if someone interferes in a situation where the deceased would've otherwise gifted [...]

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Undue Influence and How it Occurs

Understanding Undue Influence and How it Occurs If there is an existing relationship between two people, and one of them uses that as leverage to influence the other’s decisions, then that is considered undue influence. It’s also typical in such scenarios that the party taking advantage is superior in some way. This could be through emotional or familial ties, higher education, or elevated social status. [...]

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Tips for Settling Your Florida Estate (without the court system)

Tips for Settling Your Florida Estate Out of Court Court processes can not only be tricky but also drag on for weeks or even years.  They can take a huge toll, financially and emotionally, on all parties involved. This gets specifically messy when it comes to probating an estate after a family member's death. Children, heirs, and beneficiaries can end up fighting over your assets [...]

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Florida Last Will and Testament Requirements

Florida Last Will & Testament FAQ A will is a vital document that ensures those left behind are saved the trouble of financial hardships and uncertainties. A will prevents endless fighting over assets by outlining the deceased’s final wishes, primarily how he or she would have wanted to distribute their estate if they were still living. It is perhaps the most well-known document for Floridians [...]

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Florida Probate Rules & Property Disputes

Probate & Property Battles Upon Death When someone dies, it’s customary that his or her assets undergo a court-supervised process called probate. In probate court, the estate is verified and administered to be justly distributed among heirs. Here are a couple of standard Florida probate rules. They're important to keep in your back pocket: Not all assets go through probate. Only a handful of assets [...]

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Spousal Rights in Florida

Analyzing Spousal Rights in Florida Spousal rights in Florida arise in court due to two common scenarios. These are death and divorce. We’ll delve into each case to uncover what rights a divorced, or surviving spouse is entitled to according to Florida state laws. Divorce Spousal Rights Florida courts do not take into account a person's gender when executing marital rights. This is especially important [...]

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Florida Trust Decanting

What is Florida Trust Decanting? Trust decanting is a legal term coined from wine decanting itself. This is a process whereby wine is poured (decanted) from one container to another to isolate the solid residue which is left behind. This residue is disposed of because it's considered the unwanted bit of the mixture. Similarly, trust decanting entails a trustee moving assets into a new trust [...]

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Breach of Fiduciary Duty

What is a Breach of Fiduciary Duty? A fiduciary is basically an individual, bank, or organization that takes on the role of a trustee, representing the beneficiary’s interest while managing assets on their behalf. Additionally, Florida law describes fiduciary duty as financial or transactional decisions made under the full faith and confidence of another party. A breach of this duty is a violation of trust [...]

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Probate for Resident Aliens

A Look into Florida Probate for Resident Aliens Irrespective of the location of a person or his immigration status, he can legally own property in the state of Florida. If he is the owner of a property in Florida at his time of death, it is a prerequisite that the property needs to go through Probate. Therefore, you cannot underestimate the importance of estate planning [...]

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Per Stirpes vs Per Capita Florida

Per Stirpes vs. Per Capita Meaning Two terms which are very commonly used in estate planning are per stirpes and per capita. Both of which are Latin terms that describe how property associated with an estate should be distributed among the beneficiaries of the estate. The difference between the two is quite significant, however, they are of equal importance. If you are planning for your [...]

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Florida Power of Attorney

Florida Power of Attorney Sometimes circumstances arise that require you to get help from others in managing your affairs after a loved one passes away. This process can become additionally stressful and heart-wrenching as many of the legal processes must be initiated within 30 days of the person's death. Whether you're planning your own estate after receiving a terminal diagnosis, or distributing a loved one's [...]

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Investing Generational Wealth

Investing Your Inheritance What should you do when a sizeable amount of money comes your way in the form of inheritance? Your first step should be meeting with an attorney who is also familiar with business and family law. Preferably, this attorney should already be working with your family. Whether your attorney helped your relative write the Will, or settle the estate - an attorney [...]

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5 Things To Know About Trusts

What is a Trust? There are many kinds of trusts. Some trusts have very specific purposes for estate tax or income tax planning. Most of the trusts are included in this type. Other types of trusts are more exotic in nature and typically directed at preserving extreme wealth. For most of us, these exotic types of trusts are not relevant. Therefore, our this firm is [...]

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Do You Qualify for the Florida Homestead Exemption?

Florida Homestead Exemption A Florida Homestead Exemption can save you a great deal of money in terms of property taxes. Successful applications attract a typical $25,000 cushion to add to further relief of a similar amount. This brings the total amount of relief to a tax exemption of up to $50,000. As you can imagine, this can be awfully beneficial when it comes to paying [...]

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Estate Taxes 101

Estate Taxes 101 It is the tax that kicks into effect upon the death of a person while handing down their estate (which could be money or property). However, it’s not always the case that the beneficiary of the property transfer has to pay an estate tax. If the value of the assets in question is below $11.4 million, then that constitutes an exemption by [...]

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Transferring Property Upon Death in Florida

Transferring Property Upon Death in Florida Naturally, the laws on inheritance vary from one state to another. However, there are a few laws that remain commonplace across the board. Summary and Formal administration are the "standard" forms of probate administration. These govern deaths for residents of the entire state of Florida, although there are other alternatives. Here’s a look at each option in detail in [...]

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Exploitation of the Elderly

What is Exploitation of the Elderly? I'm sure you've heard of countless examples of poor treatment in retirement homes, but it doesn't stop there. In probate law, we see the exploit of elderly individuals by caretakers or distant relatives when the elderly person is no longer competent. This incompetence leads to the incapacity to make important decisions. Thus, it's easy for an elderly person to [...]

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Technology & the Changing Inheritance Laws

Technology and the Changing Inheritance Laws The procedures for dealing with a person's property after death differ based on your location, culture, and whether a legal Will is in place or not. For example, there is no inheritance law or ancestral property distribution or birth-rights in Islamic law. When it comes to inheritance law in the United States, dying without a Will to pass down [...]

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International Tax Changes Effect on Florida Inheritance Laws

International Tax Changes Effect on Florida Inheritance Laws Presently, there are no estate taxes in the state of Florida, but that has not always been the case. Until 2004, state-level collection of the estate tax was part of the probate process. However, that changed as Florida made way for new policies and modern standards. Before then, it was called a “sponge” or “pick-up tax,” and [...]

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Savant Coldo
Savant Coldo
16:00 10 Sep 19
My sister and I had to not only deal with the death of my brother, we had to deal with the fact of everything had to go into probate. Not knowing anything about this process, I contacted several attorneys. David Silverstone was the only one that ask questions and within minutes explained the process that we were going to do. All other attorneys never asked questions and the only information they gave us was , how much it would cost us. David is honest, hardworking and extremely fair in his cost. He was always available for any of our concerns. We were extremely lucky to have found him! Thank you David!!!
Adam Winter
Adam Winter
20:57 09 Sep 19
david is very good honest atty, which is highly qualified in probate an estate planning , has helped my family in those matters an other legal questions with promptness an efficiency, like no one else and always takes your phone calls very reliable in a clutch would highly reccomend mr silverstone.
Travis Luke
Travis Luke
20:55 09 Sep 19
David was a great asset. Always answered the phone when I had questions with my fathers will. Thanks again.
sam rothman
sam rothman
19:42 16 Aug 19
David and I worked through an exhaustive probate case, of which I inherited 6 figures. He was very attentive and always answered the phone. That was very important to me. Also an excellent listener and knowledgeable. Highly recommended.
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