Wills, Trust and Estate Class

Answer the Following – No word limit

1. The homestead protection afforded to a surviving spouse only permits the spouse to live in the house for the remainder of her/his life. If the deceased is not survived by any lineal descendants, the property would revert back to the terms of the will. Should the surviving spouse be able to obtain full title to the property without it going to lineal descendants of the deceased after the surviving spouse’s death or back to the terms of the will? Why or why not? Also, suppose the surviving spouse has lineal descendants who are not lineal descendants of the deceased. Should there be protection for them under homestead protection? Why or why not? Should they not be taken into account at all?

2. The personal property exemptions under Florida Statute §732.402 provides protection for a surviving spouse or if there is no surviving spouse then to the children of the decedent.
Suppose that the deceased is not survived by a spouse but is survived by minor children. Should the exempt property described in Florida Statute §732.402 be available to minor children of the decedent? If so, who would file for that exemption on behalf of the minor children?

3. If a personal would otherwise be entitled to exempt property under Florida Statute §732.402 and if the decedent’s will specifically or demonstratively devises the exempt property to such person can that person have the court still determine such property to be exempt? If so, how?
Answer the following:
1. What is an In Terrorem provision in a Will or a Trust?
What is another term to describe an In Terrorem provision?
2. DRAFT an example of an In Terrorem provision in a Will.
3. Does Florida follow the Uniform Probate Code regarding In Terrorem provisions in a Will or a Trust?

4. What is the Florida Probate Code Statutory Section that relates to an In Terrorem provision in a Will?

5. What is the Florida Trust Code Statutory Provision that relates to an In Terrorem provision in a Trust?
6. List ALL the Florida proceedings that are automatically deemed to be “adversary proceedings” under Florida Probate Rule 5.025(a):
7. Can “other proceedings” [other than the Rule 5.025(a) proceedings] be considered adversary proceedings? Describe how other proceedings can be considered “adversary” proceedings under what Florida Probate Rule?

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