FLORIDA WILLS, TRUSTS, AND ESTATES Questions with 100%
Verified Answers Latest Update
Question: Answer:
IN FLORIDA, when can an estate be reopened and when can Can: if additional property of the decedent is discovered
it not? Cannot: if a will (if the decendent died intestate) or later will (if the
decendent died with
an original will) is found
Question: Answer:
IN FLORIDA generally, beneficiaries may disclaim any - written and labeled as a "disclaimer"
property they get through a will at any time. How must the - signed, witnessed, acknowledged
disclaimer be established? - delivered to the individual with legal title to the property/distributor
of the property or
to the clerk of court in applicable county
Question: Answer:
When can a beneficiary not disclaim property they get when he is insolvent
through a will?
Question: Answer:
IN FLORIDA, can a testator revoke a will by physically Yes- but only the whole will. Destruction of only a part of the will does
destroying it? If so, what must be true? not count- the
original will shall stand.
The testator must have the intent to and the purpose of revocation in
physically
destroying the will.
, Question: Answer:
IN FLORIDA, what is "advancement?" What is the "hotchpot An advancement is a gift made by the decedent to a relative during
method"? her lifetime.
The hotchpot method is when the beneficiary of this advancement's
share in the estate
property after the decedent actually dies decreases in proportion of
the advancement.
The math is that the advancement is treated as if it is part of the final
estate property after
the decedent actually dies. Its value is determined by it's value at the
time the beneficiary
actually received the gift.
Question: Answer:
Does a will that is not technically valid IN FLORIDA but valid in Yes--UNLESS the will considered valid in another state is holographic,
another state admissible in a Florida probate hearing? Are i.e., handwritten by
there any exceptions? the testator and not signed by the testator and two witnesses.
Question: Answer:
Can anyone petition for further administration of an estate that Yes- any interested party
has been closed? If so, who?
Question: Answer:
Does a testator have to tell those who are witnesses signing No
her will that what they are signing is in fact a will?
Question: Answer:
If a testator devises property to a beneficiary but then sells it The beneficiary is entitled to any portion of the purchase price of
to decrease what the beneficiary receives when the testator property that was
dies, what is the rule? owed to the testator at death as well as insurance proceeds due with
respect to the
property.
But- not what the debtor already paid the testator before death—that
is the testator's.
Question: Answer:
IN FLORIDA, when an individual dies without a surviving To the individual's parents, 50% each if they are alive.
spouse or any descendants, where does the estate pass?
Verified Answers Latest Update
Question: Answer:
IN FLORIDA, when can an estate be reopened and when can Can: if additional property of the decedent is discovered
it not? Cannot: if a will (if the decendent died intestate) or later will (if the
decendent died with
an original will) is found
Question: Answer:
IN FLORIDA generally, beneficiaries may disclaim any - written and labeled as a "disclaimer"
property they get through a will at any time. How must the - signed, witnessed, acknowledged
disclaimer be established? - delivered to the individual with legal title to the property/distributor
of the property or
to the clerk of court in applicable county
Question: Answer:
When can a beneficiary not disclaim property they get when he is insolvent
through a will?
Question: Answer:
IN FLORIDA, can a testator revoke a will by physically Yes- but only the whole will. Destruction of only a part of the will does
destroying it? If so, what must be true? not count- the
original will shall stand.
The testator must have the intent to and the purpose of revocation in
physically
destroying the will.
, Question: Answer:
IN FLORIDA, what is "advancement?" What is the "hotchpot An advancement is a gift made by the decedent to a relative during
method"? her lifetime.
The hotchpot method is when the beneficiary of this advancement's
share in the estate
property after the decedent actually dies decreases in proportion of
the advancement.
The math is that the advancement is treated as if it is part of the final
estate property after
the decedent actually dies. Its value is determined by it's value at the
time the beneficiary
actually received the gift.
Question: Answer:
Does a will that is not technically valid IN FLORIDA but valid in Yes--UNLESS the will considered valid in another state is holographic,
another state admissible in a Florida probate hearing? Are i.e., handwritten by
there any exceptions? the testator and not signed by the testator and two witnesses.
Question: Answer:
Can anyone petition for further administration of an estate that Yes- any interested party
has been closed? If so, who?
Question: Answer:
Does a testator have to tell those who are witnesses signing No
her will that what they are signing is in fact a will?
Question: Answer:
If a testator devises property to a beneficiary but then sells it The beneficiary is entitled to any portion of the purchase price of
to decrease what the beneficiary receives when the testator property that was
dies, what is the rule? owed to the testator at death as well as insurance proceeds due with
respect to the
property.
But- not what the debtor already paid the testator before death—that
is the testator's.
Question: Answer:
IN FLORIDA, when an individual dies without a surviving To the individual's parents, 50% each if they are alive.
spouse or any descendants, where does the estate pass?
