Orsatti & Associates, P.A., Legal Blog
What happens if the courts rule that a will is invalid?
Family members, people who expect to inherit from an estate, and even creditors, sometimes question the validity of a will. People can contest wills that contain illegal provisions. They can also ask the courts to rule on whether a testator was subject to undue...
Does a new owner have to honor an easement?
A new property owner may have to honor an easement that already existed on that property when they purchased it. It usually depends on how the easement was set up initially. In some cases, a property will have an easement in gross. This is a personal agreement between...
How long must executors wait for creditor claims during probate?
Fulfilling financial obligations is a top priority during the probate process. Personal representatives may face liability for debts if they are not proactive about identifying and paying them promptly. Beneficiaries or heirs expecting to inherit from an estate...
Protecting benefits with a special needs trust
While making an estate plan, you may be trying to figure out the best way to leave an inheritance to a beneficiary who is chronically ill, has a disability or has some form of special needs. You want to ensure that your money can actually help them in the long term...
What is a contingency clause?
Real estate contracts often include contingency clauses, which are stipulations that must be met in order for the contract to remain binding between the two parties. Often, these are used as a way to protect a buyer when they make an offer on a property. For instance,...
Can you delay when someone gets their inheritance?
You can create your estate plan in such a way that you control when a person gets their inheritance. If you would like, it is possible to delay this distribution for some time after your death. For example, say that your estate plan includes a beneficiary who is 18...
What should you know if you inherit a home?
Inheriting a home sometimes occurs when a person loses a loved one. If you’re dealing with this, there are some challenges that you may face. One of these has to do with being able to access the mortgage information on the home. Some people assume that access to the...
When does an adult lose their testamentary capacity?
Testamentary capacity is the cognitive and legal ability to enter into binding agreements and draft wills. It requires an understanding of the documents and their implications for the future. Most people acquire testamentary capacity when they become legal adults on...
When does a Florida estate owe estate taxes?
Addressing tax liabilities is an important component of estate administration. Personal representatives administering estates in Florida may need to file income tax returns on behalf of the decedent and the estate itself. If they fail to file the necessary tax returns...
Who needs to sign a Florida will?
Wills provide instructions regarding the distribution of a person's property after they pass. Adults in Florida generally have the legal right to draft wills clarifying their wishes and naming their beneficiaries. However, for a will to serve its purpose, it must...