The Florida Planning Law Firm

A Law Firm Dedicated to Success for All of Our Clients

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MAY A PERSON DISPOSE OF HIS OR HER PROPERTY IN ANY WAY HE OR SHE WISHES BY A WILL?

While any sort of property may be transferred by will, there are some particular interests in property which cannot be willed because the right of the owner terminates automatically upon his or her death, or others have been granted rights in the property by Florida law. Some examples of these types of property rights or interests are:

  • Except in certain very specific circumstances a homestead (that is, the residence and adjoining lands owned by a person who is survived by a spouse or minor child up to one-half acre within limits of an incorporated city or town or up to 160 acres outside those limits);
  • A life estate : property owned only for the life of the owner;
  • Any property owned jointly with another person or persons with right of survivorship (a tenancy by the entireties, which is limited to joint ownership between a husband and wife, would be one of these).

A person may not disinherit his or her spouse without a properly executed marital agreement. The law gives a surviving spouse a choice to take either his or her share under the will or a portion of the decedent’s property determined under Florida’s “elective share” statute. This statute uses a formula to compute the size of the surviving spouse’s elective share, which includes amounts stemming from the decedent’s jointly held and trust property, life insurance, and other non-probate assets. Because this formula is very complicated, it is usually necessary to refer this matter to an attorney with extensive experience in this area of law. Also, if your will was made before the marriage and the will does not either provide for the spouse or show your intention not to provide for him or her, then your spouse would receive the same share of your estate as if you had died without a will (at least one-half of your estate) unless provision for the spouse was made or waived in a marital agreement.

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Practice Areas

Estate Planning
Probate
Guardianship
Taxation

Business Formations
Asset Protection
Adoptions
Special Needs Planning

Welcome to Short, Setzer, Cowart, The Florida Planning Law Firm

We offer clients individually tailored estate planning advice that leverages their ability to transfer wealth to future generations while minimizing taxes, risk of loss and family acrimony. We have extensive experience representing individuals and businesses to preserve and pass on our clients’ lifetime of hard work, vision, and sacrifice. We welcome the opportunity to discuss your needs, our qualifications, and fee structures with respect to estate planning and trust and estate administration. We are a caring and compassionate law firm working hard to assist our clients pass on their Family Wealth and Legacy to their loved ones!
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Connect With Us

625 Atlantic Blvd. Atlantic Beach, FL 32233

Tel: (904) 853-6268
Fax: (904) 853-5671

info@shortandsetzer.com

Mission Statement

To provide our clients with the highest level of service, focused on exceeding their individual needs. To provide our employees with a supportive environment that facilitates personal and professional growth and success.

Why Do I Need A Will?

Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled... more

Our Location

We are located in the heart of Atlantic Beach west of Monahan Jewelers and east of the Wine Warehouse and Soup’s On. Click here for an interactive map and contact information.

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