Orsatti & Associates, P.A., Legal Blog
Can temporary health conditions impact testamentary capacity?
Testamentary capacity refers to a person’s legal ability to make a valid will. In Florida, the law requires that the person understands the nature of drafting the will, the extent of their assets and the natural beneficiaries of their estate. The person must also...
Benefits of a POD account
In some sense, a payable-on-death (POD) account is not much different from any other financial account or bank account. You can use it to hold funds, and you can make withdrawals or deposits as you wish. You have full control over the account and no one else can...
Who can exert undue influence on an estate plan?
Most estates that pass through probate court only require review and oversight from the courts. However, sometimes people pursue litigation because they have serious concerns. Some probate litigation relates to issues with the documents. Others begin with questions...
What is the role of an estate administrator in Florida?
When someone passes away, their estate must go through a process of administration. This process involves distributing assets, paying debts, and following the deceased's wishes. In Florida, the person responsible for managing this process is called the estate...
What is a pour-over will?
Estate planning empowers you to determine the future of your assets. A pour-over will is a legal instrument often used in conjunction with a trust to streamline asset distribution and maintain privacy. How a pour-over will functions A pour-over will serves as a...
How does Florida define adverse possession?
Real property law includes complex doctrines, and one notable example is adverse possession. In Florida, this legal mechanism allows a non-titleholder to acquire ownership of land under specific statutory and common law conditions. Understanding adverse possession in...
What is the Florida homestead exemption in probate?
When someone passes away, their estate goes through probate, a legal process that determines how the deceased person’s assets are distributed. One key aspect of probate in Florida is the homestead exemption, which protects a primary residence from certain claims...
What are the steps to contest a will?
Contesting a will in Florida involves several key steps to ensure the process is conducted legally and effectively. Understanding the procedure will help you know what to expect. 1. Determine Your Standing Only individuals with a direct interest in the will can...
How often should you review and update your estate plan?
Estate planning requires ongoing attention. Life changes, financial situations shift, and laws evolve. An outdated estate plan may cause confusion, unnecessary expenses, and unintended consequences. Regular reviews help honor wishes and protect assets. Major life...
What are the steps in Florida’s foreclosure process?
Homeowners facing financial hardship often struggle with foreclosure. Florida requires foreclosure cases to go through the courts for oversight. Understanding the steps involved and homeowner rights can help navigate this challenging situation. The foreclosure process...