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Will Interpretation

Sometimes a will has a provision that turns out to be vague or ambiguous.   For example if a will states that ‘I leave all of my General Electric stock to my son, Jim”, and before his death Jim’s father sells the General Electric stock, and uses the money to buy ATT&T stock.  Does Jim get the ATT&T stock, or does he get nothing?  This is a question of will interpretation

Another example: if a will states “to my daughter Sara I leave my condominium and all of its contents”, does that include stock certificates and the bank accounts represented by savings passbooks within the condominium? Does it include cash found in a drawer in the condominium?  Or does it just include typical contents of a home, such as furniture, furnishings, and décor? 

In both of these examples, it is necessary to determine the intent of the testator when he put these provisions in the will.  Generally other provisions of the will are examined, along with the Florida statutes regarding will interpretation.

Probate for Resident Aliens

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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 [...]

Per Stirpes vs Per Capita Florida

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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 [...]

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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 [...]

5 Things To Know About Trusts

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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 [...]


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