Practice Under Florida Probate Code: Edition 9

The Florida Bar Continuing Legal Education

Dec 2017 · LexisNexis

About this ebook

Written by skilled probate attorneys, Practice Under Florida Probate Code provides comprehensive analysis of all the steps that you need to take to administer an estate in Florida. It features discussions of major changes to the Probate Code made over the past few years, alerts the user to recent changes to the Florida Probate Rules, and also highlights relevant tax considerations. Forms, sample accountings, and charts for basic probate practice enhance the book's practitioner focus.

Discussion of new and revised statutory provisions and rules, including:

• Florida Electronic Wills Act;
• Florida Fiduciary Access to Digital Assets Act;
• elective share laws;
• fiduciary lawyer-client privilege;
• apportionment of estate taxes;
• duty of the personal representative to resign;
• law governing non-resident’s disposition of Florida property; and
• extension of deadline for objections to validity of will, venue, or jurisdiction.

Updated case law and discussion of numerous topics, including:

• ethical resolution when client designates drafting attorney as personal representative;
• disgorgement and surcharge against attorneys and personal representatives;
• how to effect spouse’s valid waiver of homestead rights;
• procedure to release real property from federal tax liens and personal representative’s possession;
• electronic filing of court documents and timely filing of claims;
• when to file Notice of Confidential Information;
• dependent relative revocation;
• formal and informal notice and in personam jurisdiction; and
• requirement that death certificates name legally wedded same-sex spouse.