Florida’s Department of Revenue is currently sitting on $28 million of paid child support. The Department of Revenue said the funds have not been distributed because of incorrect information, addresses, etc. If you are supposed to be receiving child support, but have not received the payments, check with the Department of Revenue to see if they have your money, but are unable to locate you.
Read the full story from the Orlando Sentinel here.
Proper Execution of a Will
There are several requirements of Florida Statute 732 that must be met in order to have a validly executed will.
Florida requires that all wills must be written—no oral wills. There is a preference for typed documents, but a hand written will is sufficient if the will meets all of the other criteria.
A will executed in Florida by a nonresident is valid in Florida if the executed will meets all of the execution requirements of the testator’s home state.
First, the testator (the person who signs their will) must sign at the end of the will. If the testator is unable to sign the will, a proxy may be used to sign the will, but the proxy must sign the will at the testator’s direction and in the testator’s presence.
There are to be no changes made to the will after the testator has signed it.
Second, the witnesses must either see the testator sign the will or be present when the testator acknowledges that s/he signed the will. There must be two witnesses, one of the witnesses cannot also serve as the notary. The witnesses must sign the will in the presence of each other and the testator. Beneficiaries of the will may serve as witnesses, but this could lead to a legal challenge in the future, so it is a best practice to have non-beneficiaries witness the will if possible.
There is some disagreement over the “presence” requirement. The best practice is to have the testator, witnesses, and notary all in the same room within sight of each other while executing the document.
Third, the will must be notarized by a valid notary public.
In addition to the will, the testator, witnesses, and notary should simultaneously execute a Self-Proving Affidavit. The Self-Proving Affidavit eases the probate process. The Self-Proving Affidavit includes statutorily required language that indicates the Will being entered into probate is the same will the witnesses and notary saw the testator execute.
When executing a will, self-proving affidavit, or any other estate planning document, precise legal procedures must be followed. If one of the legal requirements are not met, the document may be deemed invalid. Avoid these problems and consult with an estate planning attorney, such as myself, to walk you through this process. Please call me today to schedule your appointment.
A will is challenged when a person, known as the “contestant,” comes forward, and tries to show that the will is invalid and should not be probated. A will challenge must occur within a certain time period or is forever waived. Either the entire will or only the affected portions may be determined invalid. Challenges to the validity of the will often include one or a combination of the following: improper execution, valid revocation, lack of testamentary capacity, execution of the will while the testator was under the undue influence of another individual, mistake, or fraud.
Improper Execution
In Florida, a will must be signed by the testator, at the end of the document, with no additional changes to the same document after the document has been executed. Further, the will must be notarized and signed in the presence of two disinterested witnesses. The notary cannot also serve as a witness.
Valid Revocation
The will was validly revoked by operation of law, subsequent instrument (such as a new will or a codicil), or physical act. For more about valid revocation, please contact my office, as this is a very particular aspect of Florida law.
Lack of Testamentary Capacity
Lack of testamentary capacity claim charges that testator 1) was under the age of eighteen (18) at the time the will was executed, and was not emancipated; or 2) did not have the mental capacity at the time the will was executed to understand the extent of their property or the nature of the disposition being made.
Undue Influence
To succeed in an undue influence claim, the contestant must prove that 1) influence was exerted over the testator, 2) the influence overwhelmed the testator’s free will, and 3) that the will would not have existed in its current form if the undue influence had not existed. Begging, pleading, nagging, joking, etc., are generally not sufficient to overcome the testator’s free will.
Mistake
Mistake usually occurs when the testator did not know s/he was signing a will, but thought they were signing a different document instead (i.e. a power of attorney).
Fraud
Either a misrepresentation was made as to the nature or contents of the instrument, or the testator was induced into making a will or gift by misrepresentations of fact that influence her motivation.
For more information about wills, please contact my office at (904) 321-0987.
1. Consult an Attorney
Make sure you know what your rights and obligations are. Be aware of how your behavior could affect the outcome of any potential divorce proceedings, i.e., should you move out of the marital home?
2. Copy Documents
Make copies of everything you can find: tax returns, bank statements, check registers, investment statements, retirement account statements, employee benefits handbooks, life insurance policies, medical/dental insurance policies, mortgage documents, applications for credit, deeds and titles to property, financial statements, credit card statements, wills, social security statements, automobile titles, any prenuptial or postnuptial agreements between the parties, documentation of any child support either spouse already pays, etc. Remember to check the home computer for additional documentation. Florida requires certain documents be disclosed in all divorce proceedings. Find that list here. It is easier to obtain these documents before you separate than after.
3. Inventory Household and Family Possessions
List the major items: furniture, artwork, jewelry, appliances, automobiles, etc. Did you forget about anything in storage or that someone else is holding for you or borrowed from you?
4. Know the Household Budget and Expenses
Examine and record where every penny goes. This is important to determine if there are temporary needs while the divorce is pending and to determine the amounts owed between parties when negotiating a settlement or final judgment.
5. Determine How to Manage Family Debt
Try to pay down any debt you may have if you can before divorce. Division of debt is often a sticking point in divorce proceedings. Cancel credit accounts if one spouse is too willing to whip out the credit card for unnecessary items.
6. Find Out Exactly What Your Spouse Earns
Gain this information through paystubs, other documents, or casual conversation with your spouse’s business partner.
7. Make a Realistic Appraisal of Your Earning Potential
What is a realistic view of your earning potential before and after the divorce? Will some changes need to be made here? If you have been a homemaker for a lengthy period of time, will education help you become self-sufficient? Will your work schedule or location be effected by your divorce and your ability to care for your children? What child care needs should be considered?
8. Examine Your Own Credit History
Either establish or reestablish credit in your own, individual name.
9. Build a Net Egg of Your Own
Try to have access to your own money in case your spouse stops paying the household expenses or bills during the divorce proceedings. You may also need additional money for an attorney’s retainer, security deposit on a new residence, deposits on utilities, costs of moving, etc.
10. Put Your Kids at the Top of Your Agenda
Divorce is not about you or your spouse when children are involved. Children generally have no choice in the matter and their needs and wellbeing should always be your first concern. Keep their routines as normal as possible, don’t argue in front of the children, don’t bad-mouth the other party to the children, stay involved with your children and their activities as much as possible, and don’t use your children as your sounding board, psychologist, attorney, or counselor!
Source for some information here.
Nassau Florida Family Law & Divorce bLAWg www.jmmflaw.com 