DAVID A. SILVERSTONE

 

FLORIDA PROBATE AND ESTATES LAWYER.

OUR PROMISE

The most important thing is to obtain positive results for each client at a reasonable cost. We offer affordable and efficient legal representation for all probate matters.

 

Make An Appointment

Wills

A will is a document which designates who is to receive one’s assets upon death.  Without a will, your property will pass under the intestacy laws.  The intestacy laws are a “one-size fits all” solution:  If you die with a spouse, everything goes to your spouse; if your spouse dies first, everything goes equally to your children; etc…).  However, in life one size does not always fit all.  Sometimes a testator wants to exclude one of his or her relatives from a will.  Maybe the testator is estranged from their family, and they would rather leave their property to charity, or to friends.  LBGT couples must certainly have a will to ensure their estate goes to their partner.  Non-married co-habiting couples also need a will if they wish their assets to pass to their partner when they die.  Anyone who wishes to leave assets to a step child must have a will. In any of these situations, a will is essential because the intestacy statutes only provides for assets to pass to blood relatives.  Everyone should have a will, regardless.

Wills can be as simple or as complex as the testator wishes.  The testator can just say that their entire estate is to be divided between their three children.  Or they can leave very specific bequests to a number of people or organizations. 

A will in Florida must be in writing, and signed in front of two witnesses.  It is also very helpful if the will is “self-proving”, which is an additional portion of the will where the testator and witnesses sign in front of a notary.  If a will is not self proving, the witnesses will need to be tracked down to file an oath in order to open a probate estate.

What is a Living Will?

What is the Uniform Anatomical Gift Act?

December 18th, 2019|

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 [...]

Tortious Interference in Florida Probate

December 18th, 2019|

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 [...]

Undue Influence and How it Occurs

December 16th, 2019|

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. [...]

Florida Last Will and Testament Requirements

November 15th, 2019|

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 [...]

Florida Probate Rules & Property Disputes

November 2nd, 2019|

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 [...]

QUESTIONS ABOUT A PROBATE OR TRUST ISSUE?

Ask Us