Orsatti & Associates, P.A., Legal Blog
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...
Has a neighbor erected a fence over your boundary line?
Fences can improve property value or limit the chances of conflict between neighbors. In some cases, neighbors agree to erect a fence jointly and share the costs associated with doing so. Other times, one neighbor may decide they want a fence and may put one up at the...
Is professional valuation necessary before an estate sale?
Overseeing estate administration can be a lengthy and stressful process. Personal representatives (widely known as executors) have to wear many hats. They secure assets and communicate with creditors. They file tax returns. They may also need to hold an estate sale....
Ancillary probate can help address a Florida beach house
Florida real estate can be incredibly valuable, often especially if people own beachfront properties. Not everyone with real estate holdings in Florida lives in the state. Many people live elsewhere and only visit Florida during the coldest months of the year or while...
Can Florida testators use penalties to prevent will contests?
An inheritance can improve a beneficiary’s quality of life and remind them of the loved one that they’ve lost for many years to come. Unfortunately, inheritances can also damage family connections. Disputes among beneficiaries can tear families apart and significantly...
Could contesting a will cost a beneficiary their inheritance?
Close family members frequently inherit the assets that belonged to a recently deceased loved one. Especially when people die in their golden years, they may have taken the time to create an estate plan. Their will may identify each of their beneficiaries and allocate...
How soon should grieving family members initiate probate?
The Florida probate courts help oversee estate administration after people die. They ensure that personal representatives fulfill decedents’ responsibilities and carry out their estate planning instructions. The probate process typically takes months to complete. They...