Legal FAQs
Questions asked by the public about Florida law.
Estate Planning
Is a Power of Attorney Signed in Another State Valid in Florida?
Generally, yes. Under section 709.2106(3), Florida Statutes, a power of attorney executed in another state is valid in Florida if, when it was executed, it complied with the law of the state where it was signed.
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Estate Planning
What Is a Florida Declaration of Domicile?
A declaration of domicile is a sworn statement, filed with the clerk of the circuit court under section 222.17, Florida Statutes, that shows a person has made Florida a permanent home. It is one way to evidence domicile, and the statute states that it does not replace other ways of proving domicile.
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Estate Planning
When Does a Florida Power of Attorney Take Effect?
A Florida power of attorney generally takes effect as soon as it is executed. Under section 709.2108, Florida Statutes, a power of attorney that says it becomes effective at a future date or on a future event, often called a springing power of attorney, is ineffective, with limited exceptions.
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Wills & Trusts
When Can a Revocable Trust Be Contested in Florida?
A contest of a Florida revocable trust generally cannot begin until the trust becomes irrevocable, which usually happens at the settlor's death. Under section 736.0604, Florida Statutes, the contest is then barred if not started within the earlier of the chapter 95 limitations period or 6 months after the trustee sends the required copy of the trust and notice.
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Wills & Trusts
Does Divorce Revoke a Will or Trust in Florida?
Divorce does not revoke an entire Florida will or revocable trust. Under sections 732.507(2) and 736.1105(2), Florida Statutes, the provisions that affect the former spouse become void, and the document is read as if the former spouse had died at the time of the divorce.
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Wills & Trusts
What Information Must a Florida Trustee Give a Beneficiary?
Section 736.0813, Florida Statutes, requires a trustee to keep the qualified beneficiaries reasonably informed of the trust and its administration. That duty includes specific notices within 60 days, a copy of the trust instrument on reasonable request, and trust accountings at least once a year for an irrevocable trust.
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Wills & Trusts
What Happens If a Will Beneficiary Dies before the Testator in Florida?
It depends on who the beneficiary was and what the will says. Under Florida's antilapse statute, section 732.603, if the beneficiary was a grandparent or a descendant of a grandparent of the testator, the gift passes to the beneficiary's surviving descendants per stirpes, unless the will shows a contrary intent.
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Wills & Trusts
What Is a Florida Land Trust?
A Florida land trust is a written arrangement under the Florida Land Trust Act, section 689.071, Florida Statutes, in which a trustee holds title to real property through a recorded instrument. The trustee's duties are limited, and the trustee generally acts as directed by the beneficiaries or the holder of the power of direction.
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Probate
How Is Unclaimed Property Claimed in Florida?
A claim for unclaimed property held by the State of Florida is filed with the Department of Financial Services on the department's form under section 717.124, Florida Statutes. The claim must be verified and supported by proof of identity, and the department generally decides a claim within 90 days.
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Probate
How Can a Personal Representative Resign or Be Removed in Florida?
A Florida personal representative may resign under section 733.502, Florida Statutes, after notice to interested persons, and the court may accept the resignation if the estate's interests are not jeopardized. Section 733.504 lists the causes for which the court may remove a personal representative.
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Civil Litigation
How Does a Proposal for Settlement Work in a Florida Lawsuit?
A proposal for settlement is a formal written offer to resolve a Florida civil lawsuit for money damages, governed by section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. If the offer is rejected and the final judgment differs from it by at least 25 percent in the offeror's favor, the offeror is entitled to reasonable costs and attorney fees, subject to the court's authority under section 768.79(8)(a) to disallow an award for an offer not made in good faith.
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Civil Litigation
Can Sanctions Be Awarded for a Frivolous Claim in Florida?
Yes. Under section 57.105, Florida Statutes, a court must award a reasonable attorney's fee to the prevailing party when it finds the losing party or the losing party's attorney knew or should have known that a claim or defense was not supported by the material facts or by then existing law. The fee is paid in equal amounts by the losing party and the losing party's attorney.
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Estate Planning
Can a Florida Parent Name a Health Care Surrogate for a Minor Child?
Yes. Under section 765.2035, Florida Statutes, a natural guardian, legal custodian, or legal guardian of the person of a minor may designate a competent adult as a health care surrogate for the minor. The designation must be a written document signed in the presence of two adult witnesses.
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Estate Planning
How Do Florida Parents Name a Guardian for Their Minor Children?
Under section 744.3046, Florida Statutes, both living parents, or the surviving parent, may nominate a preneed guardian for a minor child in a written declaration. The guardian serves if the last surviving parent becomes incapacitated or dies, and the declaration must be signed before two attesting witnesses and filed with the clerk of court.
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Probate
Is Life Insurance Part of a Florida Probate Estate?
Usually not. Under section 222.13, Florida Statutes, life insurance proceeds payable to a named beneficiary go to that beneficiary and are exempt from the claims of the insured's creditors. If the policy is payable to the insured, the insured's estate, or the insured's personal representative, the proceeds become an estate asset administered in probate.
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Wills & Trusts
How Does a Pay-on-Death Bank Account Work in Florida?
A pay-on-death account is a bank account with a named beneficiary who receives the funds when the last account owner dies. Under section 655.82, Florida Statutes, the beneficiary has no right to the money while any owner is alive, and at death the funds pass to the surviving beneficiaries outside the will.
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Business
How Is an Administratively Dissolved Florida LLC Reinstated?
A Florida LLC that was administratively dissolved may apply to the Department of State for reinstatement at any time under section 605.0715, Florida Statutes. The application must be paired with payment of the required fees and penalties, and once granted, reinstatement relates back to the date of dissolution.
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Business
Does a Florida LLC still have to file a Sunbiz annual report now that federal BOI reporting has ended?
Yes. The end of federal BOI reporting did not change Florida law, so every Florida LLC still files a Sunbiz annual report, and the fee rises from $138.75 to $538.75 after May 1.
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