Florida Probate Attorney and Florida Inheritance Lawyer Florida Probate Attorney Blog

Wills, Trusts and Estates Professor Blog

The Probate Attorney Blog appreciates Lexis having selected it as a top 25 best probate and estate blog. There is currently voting to determine the best estate attorney blog. While there are many other quality blogs who were also selected Probate Attorney Blog suggests the Wills Trusts and Estates Prof blog  written by Attorney and Professor Gerry Beyer as the best Wills Trusts and Estates Blog.  

Probate Attorney Blog among the best. Selected as a top 25 Probate, Estate and Elder Law Blog

As the Florida Probate Attorney and Florida Wills Lawyer writing the Probate Attorney Blog I am honored to have been selected as one of the 25 best probate estate and elder law blogs. 

The full list of the best probate attorney, best estate lawyer and top elder law firm blogs can be seen by clicking here.   

Probate Attorney Blog nominated as top 25 probate, estate and elder law blog.

Thanks to those who have nominated the Probate Attorney Blog.com. For other readers who enjoy this blog please click here to vote. The blog is being considered for selection as a top 25 probate estate and elder law blog. Voting will end as of March 31. 

 

South Florida Real Estate - It may be time to buy.

While new home sales dropped by nearly 17% in February and reached records lows not seen since the government tracked the data in 1953 as CNN - Money reported today this could be a good time to buy. In talking about the best time to buy stocks investing guru and one of the richest people in the world Warren Buffett said be fearful when others are greedy and be greedy when others are fearful. Applied to the housing market this could be a great time to buy given the market conditions and price drops. 

The South Florida real estate market is still in difficult position with an oversupply, a bad economy and other problems but as Josie Gulliksen  of an AOL Real Estate Blog reports the time to buy again may be nearer than you think. "It's still a good investment, not as a short-term flip, but more long-term," says Ron Peltier, chairman and chief executive of Minneapolis-based HomeServices of America, Inc., the second largest homeownership-service provider in the U.S. "For people who have bought homes to live in, that home is still a very solid investment, as well as a tax break and, most important of all, a place to call home."

From 2000 to 2005, South Florida Housing unit sales were going up by double digits annually, as was appreciation. "During the overheated market, there was too much flipping going on," Peltier told HousingWatch. "Consumers were buying [homes] as an investment, so demand became far in excess of supply. As a consequence, developers ratcheted up the activity way beyond their levels to meet the insatiable demand." 

Some prices have been corrected in South Florida as much as 50 percent providing an attractive entry point. Further incentive for buyers is interest rates on 30-year fixed-rate loans at about 4.5 percent, a level that Peltier says we are never likely to see again in our lifetime.

 

South Florida is a great place to live and has excellent weather and current buyers will receive excellent prices compared to values of recent years along with very attractive financing and with more tenants and an improving econmy rents may go up so it could be a good time to buy Florida real estate now. 

 

 

Probate Attorney Blog.com

Thanks to readers of this blog I am pleased to relay that it has been nominated to be considered among the top 25 Elder Law, Estate and Probate blogs. 

The probate and estate blogger is Florida Probate Attorney David Luber. I have a Master of Laws in Estate Planning from University of Miami School of Law. Have served as a President of an Estate Planning Council as well as having served multiple terms as the Probate and Trust co Chairperson for the Broward County Florida Bar Association. I founded the Estate Planning Law Firm, P.A. and the firm helps with Florida Probate and Estate Law.

Probate Attorney Blog.com discusses Probate administration, Wealth management, Probate Trust and Estate Litigation, Will Contests, Estates of the rich and famous, Estate Planning, Elder Law and related fields.  

Presumption of Death Certificate Information rebutable

As  Philip Bernstein who writes the New York Probate Litigation Blog pointed out in a post which can be viewed here. While the death certificate is evidence of death collateral evidence which conflicts with the death certificate can be challenged. In a New York case it was established to the court that while the death certificate did not provide that the decedent was married and had in fact been married and divorced subsequent to a prior marriage there had never been a divorce obtained and therefore the decedent was still married and would have the rights of a spouse.

This issue has arisen in Florida Probate disputes as well where the absence of a divorce is proven under similar facts. Given the rights of a spouse through an intestate share as well as elective share it is important to make sure that a proper divorce is followed through with or despite the intent of the decedent or lack of relationship for decades the law provides certain rights for that individual as a spouse.

On a related topic not addressed by the case but which has arisen is where a couple separates and dislikes one another with no intent of ever getting back together and at times decades go by without contact but then contrary to the intent of the decedent that individual still has all the rights of a wife absent a binding agreement to the contrary or divorce.

One additional related point is that if there is a subsequent divorce then all the financial provisions in the will are void absent a contrary intent. Florida Statute 732.507 provides that and can be seen here. Florida Trust Law has a similar provision. However transfer on death designations and insurance policies or contractual transfers are not automatically voided by a divorce and should be remembered to be changed upon a change in relationship and/or specifically changed in the divorce agreement. Upon divorce in Florida the court will look to provide an equitable distribution as provided by Florida statutes here.