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August 2015 Archives

Can a court ignore a preneed guardian designation in Florida?

Previously, this blog discussed preneed guardianship designations, the statutory requirements for them and a Florida 1st District Court of Appeals or DCA case that helped define the standard to determine the competency of the person making the designation. At that time, it was suggested that there was another major issue in the preneed guardianship area that was clarified by that case.

Can a Florida Probate Court divide up out-of-state property?

In Florida finding a person born in the state can seem to be harder than finding a non-native. Further, Florida is a popular destination for people sometimes called 'snowbirds,' who are usually retired and live part of the year here and the rest of it elsewhere. As a result, many individuals who die here may also own real property in other states or countries. So, when the will of such a person is probated here in Florida, can the probate judge direct a personal representative to convey out-of-state property to a beneficiary?