Blog 2018-08-17T15:56:21+00:00

The Beggs & Lane Blog

Why would my assets have to go through probate if I have a Will?

By Amy P. Slaman Probate is necessary when assets are titled in the deceased person’s name and the asset is one that does not automatically transfer on death through a beneficiary or pay-on-death designation. Many people think having a Last Will & Testament (or a “Will”) means probate court will be avoided. However, a Last Will & Testament does not function as a beneficiary or pay-on-death designation for the purpose of automatically distributing assets out of your name and to your intended beneficiaries. The purpose of a Will is to allow you to decide how you wish your assets to [...]

By | May 23rd, 2019|Categories: Blog|0 Comments

TIMING OF APPEAL FOR CORRECTED, AMENDED, OR MODIFIED ORDERS

By Terrie Didier, Esq. In general, parties have 30 days from the date an adverse decision is rendered (date of filing, not signing or recording) to appeal from final orders.  But the time in which to seek appellate review of a corrected, amended, or modified order is not always simple. The Florida Supreme Court explained the rule applicable to modified orders in St. Moritz Hotel v. Doughtry, 249 So. 2d 27, 28 (Fla. 1971): An amendment or modification of an order or judgment in an immaterial way does not toll the time within which review must be sought.  But where [...]

By | May 6th, 2019|Categories: Blog|0 Comments

ANSWERS TO HOMEOWNER’S INSURANCE FREQUENTLY ASKED QUESTIONS

by Terrie Didier, Esq. 2/26/2019 QUESTION: What are my rights if an insurer refuses to provide me residential property insurance due to adverse underwriting information? ANSWER: By statute, the insurer must provide the applicant specific information regarding the reasons for the refusal to insure. If the reason for the refusal to insure is based on a loss underwriting history, the insurer must identify the applicable loss underwriting history. If the reason for the refusal to insure is based on a report from a consumer reporting agency, the insurer must notify the applicant of his or her right under the federal [...]

By | March 1st, 2019|Categories: Blog|0 Comments

Importance Of Proper Will Execution Emphasized By Florida Appellate Court

In its opinion in Bitetzakis v. Bitetzakis, Case No. 2D17-4822 (Fla. 2d DCA Feb 1. 2019), Florida’s Second District Court of Appeal recently held that an individual signing a will must strictly comply with the signature requirements of section 732.502, Florida Statutes, for the will to be recognized as valid and admitted to probate.  The court’s ruling emphasizes the importance of properly executing a will in accordance with Florida law. Section 732.502, Florida Statutes, provides that every will must be in writing and executed in a specific manner. First, the testator (the person making the will) must either (a) sign [...]

By | February 20th, 2019|Categories: Blog|0 Comments

Can a Non-Resident of Florida Serve as the Personal Representative of a Florida Probate Estate?

We often have clients that want to nominate non-residents of Florida to serve as the Personal Representative of their Florida probate estate. In doing so, it is important to closely read the applicable Florida statute, as Florida law is very specific with respect to when a non-resident of Florida can qualify to be the personal representative of a Florida probate estate. Pursuant to Fla. Stat. § 733.304, a person who is not domiciled in the state of Florida cannot qualify to serve as personal representative unless the person is: 1. A legally adopted child or adoptive parent of the decedent; [...]

By | September 18th, 2018|Categories: Blog|0 Comments

What To Expect When You Are Named A Successor Trustee

By: Kevin M. Helmich, Esq. Beggs & Lane, RLLP Your parents call and tell you that they are nominating you as the “successor trustee” in their estate planning documents. What does that mean? For purposes of this article, I am going to assume that your parents have appointed you as a successor trustee of their “revocable living trust”. A revocable living trust is a common tool used in estate planning. The basic structure is fairly straight forward. Your parents establish a trust during their life, and they transfer all or most of their assets into the trust. Your parents are [...]

By | March 8th, 2018|Categories: Blog|0 Comments