Recent Posts in Probate Category


      Examples of Probate & Children Out of Wedlock Happily married for over 20 years with 3 wonderful girls, my wife and I recently learned of a child of mine who was born out of wedlock 34 years ago to a former girlfriend who I dated briefly in my teens. Unaware my former girlfriend was pregnant when I last saw her, I was shocked to learn that I was the father of her son, now in his 30’s. Upon ...
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    • Court Ordered Partition of Real Estate

      During a probate of a decedent's estate, there are often warring aftermaths by the heirs over the assets remaining. One such aftermath frequently involves real estate property such as the family home. It is not uncommon that when someone dies and leaves real estate to more than one child, the children cannot agree on what to do with the inherited property once the probate is discharged. One child ...
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    • Ancillary Probates

      Our law firm is often requested by both lawyers and clients from other states to manage an ancillary probate administration in Florida. Jackson Law represents clients needing probate administration throughout the entire state. Ancillary probate is not to be confused with other types of probate. What is Ancillary Probate? Ancillary probate t is the administrative process used to transfer property ...
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    • A House Divided

      Woes of Probate Is it true that when my husband dies our home automatically transfers to me even though my name was never included on the property deed ? There is no simple Yes or No answer. FLORIDA HOMESTEAD LAWS can be very complicated and problematic for intended heirs. Consider the following client example. When Mary married Joseph he owned his own home outright. It was Joseph's second ...
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    • Gimmie Wars

      Woe's of Probate Gimmie the gun collection. No, dad and I hunted together, not you, and he wanted me to have the guns when he died. Gimmie the coin collection. No, mom and I started that coin collection together when I was a little girl and she said it would be mine when she died. Gimmie the car. No! Gimmie the house. No! Gimmie this and gimmie that. No..No..No! It turns into the Gimmie Wars and ...
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    • What Is A Life Estate Deed?

      Can I Pass Ownership of My Home Without Probate? Client's often ask, "Is there a simple way of passing the ownership of my home at death to my beneficiaries without the need for probate courts and attorneys?" In Florida, Texas and Michigan the answer is yes. These 3 states have what is referred to as an " Enhanced Life Estate Deed ." Although 18 other states have some form of life estate deed, at ...
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    • Avoid the Probate Canyon

      Jacob and Michelle, who were married with two minor children. Unexpectedly both were killed in an automobile collision. They had no last wills. It was impossible to determine who died first, and each person is presumed by law to own half of all of their assets, so both estates had to be probated. Because the children were minors, a court-appointed guardian was required to manage the estates until ...
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    • The Shock and Awe of Probate

      The force which confuses or destroys an enemy's perception of the battlefield and removes their will to fight is known as "Shock and Awe" . It is similar to what many beneficiaries to an estate experience when someone dies. Upon the death of a loved one, many beneficiaries' expectations of receiving an immediate family inheritance is often paralyzed by their own shock and awe once encountering the ...
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    • Types Of Probate Law In Florida

      People often ask what is probate and why do I need it? Probate is a legal process that takes place after someone dies. If a deceased person had a Last Will or no Will at all, their heirs are required to hire an attorney to manage the probate settlement by the court overseeing distribution of any real estate, property, bank account or other valuables. To accomplish the most effective outcome for ...
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    • Central Florida Lifestyle Magazine Features Jackson Montoya Law Firm on Cover

      When you read Central Florida Lifestyle magazine this month, you'll see the partners of our law firm on the cover! This is because our Orlando estate planning law firm, Jackson Law Law Firm , is the subject of the cover story for the magazine's March 2014 issue . The magazine article is titled "Together We Stand" and can be found on pages 10 and 11. Lifestyle magazine discusses our mission of ...
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    • Don't Be a Probate Statistic

      Most people believe that when they die, their spouse or children will automatically inherit their assets. If they have no children, they believe their assets will pass immediately to their closest living relatives so that having a Last Will or other form of estate planning is simply unnecessary. Nothing Could Be Farther From The Truth . In Florida, like most states, whether you have a Will or not, ...
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