FL Wills

Question 1

Once a Will contestant successfully proves the Testator suffered from insane delusion at time of execution, what must they prove next?

Answer 1

But for Test

But for the insane delusion, the testator would not have disposed of her property in this manner

Question 2

Power of Appointment

Answer 2

The donee will act as the donor’s agent and designate the beneficiaries of the donor’s property

Question 3

Fill in the blank. If the testator is unaware of the type of instrument being signed, _________ evidence is admissible to determine whether the testator had the requisite intent.

Answer 3

Extrinsic

Question 4

Does a motor vehicle that weighs 6,001 lbs that was HELD IN DECEDENT’S NAME and REGULARLY USED by him qualify as “SET ASIDE PROPERTY” in Florida?

Answer 4

Yes

Question 5

In Florida, “set-aside property” refers to specific property that is set aside for the use and benefit of the surviving spouse and/or minor children of a deceased person. This concept is primarily relevant in the context of probate and estate planning.

There are a few key categories of set-aside property under Florida law:

Answer 5

1. Exempt Property

Certain property is exempt from creditor claims and is set aside for the surviving spouse or, if there is no surviving spouse, for the decedent’s minor children. Exempt property typically includes:

Household furniture, furnishings, and appliances up to $20,000k

2 motor vehicles, each weighing less than 15,000 pounds and held in the decedent’s name and used by the decedent or their immediate family

Qualified tuition programs and medical savings accounts.

Prepaid burial contracts.

2. Homestead Property
   The decedent’s homestead property is generally protected and set aside for the surviving spouse and minor children. Under Florida law:

The homestead property is exempt from forced sale by creditors.

If the decedent is survived by a spouse or minor children, the homestead property cannot be devised (i.e., given away in a will) except to the spouse if there are no minor children.

3. Family Allowance
   Florida law allows for a family allowance to provide support to the surviving spouse and minor children during the administration of the estate. The family allowance:

May not exceed $18,000.

Is meant to provide for the maintenance of the surviving spouse and minor children while the estate is being probated.

Key Statutory References:
– Exempt Property: Florida Statutes, Section 732.402
– Homestead Property: Florida Constitution, Article X, Section 4; Florida Statutes, Sections 732.401 and 732.4015
– Family Allowance: Florida Statutes, Section 732.403

Question 6

Types of guardians acknowledged under Florida Law

Answer 6

(1) Guardian of the person; This guardian makes decisions about daily life, such as where the person will live, their medical care, education, and general well-being.

(2) Guardian of the Property; This guardian handles money, pays bills, manages investments, and ensures the person’s property and finances are taken care of properly.

and

(3) Guardian ad litem: represents the best interests of a person (often a child) in legal proceedings

Question 7

In Florida, any devise to the lawyer—or lawyer’s relative—who prepared or supervised the execution of the will or solicited the devise is void, unless

Answer 7

the lawyer or recipient is related to the testator

Question 8

When there is more than one personal representative (PR), ABSENT ANY CONTRARY TERMS IN THE WILL, how many of the PRs must agree on all acts related to administration of the estate (e.g., sale of stock)?

Answer 8

A Majority
(e.g. 2/3)