Florida Estate Planning: Is a Will Contest Clause in Florida Valid? How About a Trust?

Will Contest Clauses are generally included to prevent children or beneficiaries from attempting to dispute their portion of an estate. In some states they are valid and many others like Florida they are not valid by statute.

Given that a No Contest Clause in a Will is invalid in a Florida Probate case, should they be used in Florida? If your will is contested and the end result under the state statute may be the same, it may provide any benefit to include the no contest language.
Today people move quite often and may have assets in other states that do recognize Will Contest clauses. Given that one of these situations may enable a no contest clause to be enforced, it might be a good idea to include them in your Florida Estate Planning Documents.


Under the Florida Trust Code a Florida Revocable Trust is not able to have a contest clause, unless the right to revoke the trust terminated prior to October 1, 1993.
While its not possible to have a no contest clause in a Florida Revocable Trust, Florida does allow a trust to specify the laws of another state to be used in interpreting and administering the trust. So in effect, by drafting your trust correctly, you can have a no contest clause.

There are several ways to accomplish the desired results from a no contest clause in a will or trust. To discuss your specific issues and how one might benefit you, contact a Florida Estate Planning Lawyer or Boca Raton Estate Planning Lawyer.

Florida Estate Planning: Are your Estate Planning Documents up to date? How about your Florida Estate Planners?

Recently, I began to think about how many Florida estate planners take their own advice and have documents that are up to date and trusts that are funded and then reviewed by Florida Estate Planning Attorneys.

I first became concerned with my Florida Estate Plan when I was going overseas for an extended time and there had recently been some bombings in the area I was traveling to. My wife refused to go, or let me go, if our plans were not set in writing prior to our departure.

Today, I am thinking that If I did not have plans and if I had a catastrophic injury, it may have been more difficult for my wife to speak on my behalf. What if I have had a heart attack, stroke, or just been unconscious?

In the end, none of these documents was necessary, but it was comforting to know that they were in place if they were needed. While an emergency room may often ask if they exist, is it easy to produce a copy upon admittance? The next thing I will do is keep a copy of them on my iPhone, and my wife's iPhone in case they are needed.

It just goes to show you that you never know when you might need Florida Estate Planning Documents. While my documents are up to date, I know most people do not have up to date Florida Estate Planning Documents. At the Morris Law Group, we practice what we preach because each of ourselves place our family in harms way daily when we drive, walk down the street or get out of bed. If you would like a free review of your Estate Planning Documents under Florida law, let me know and I would be happy to make sure your documents are up to date and you understand what your options and obligations are.

One of the best benefits of a good estate plan is avoiding Florida Probate. To learn what is involved with a Florida probate, consult with a qualified Florida Probate Attorney.

Florida Estate Planning: Do I Need a Florida Probate?

If a person dies and owns anything that does not transfer upon death like a bank account, car, home, retirement account, or accounts receivable a Florida Probate is necessary to transfer these assets to the rightful owner. It does not matter if they have a will, a trust, or any other estate planning documents. Often we get clients who say they are the executor or personal representative and attempt to manage the decedents assets. This cannot take place until the probate process has begun and the court has appointed someone to be the PR or executor.

The type of administration that is required depends on several factors.

1. The date of death;
2. The amount of assets;
3. If there will be litigation; or
4. If there is a will.

In addition, Florida law requires that if you are in possession of what you suspect to the be last will of a decedent it needs to be filed with the courthouse where the decedent resided within 10 days of death. If it has been more than 10 days you should file it anyway. We often file these for clients who are in the state and those from other states and there is no charge to file the will with the proper court.

If you have specific questions in regards to a Florida Probate contact a Florida Probate Lawyer for a free consultation with a Florida Estate Planning and Probate Lawyer.