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(Note: Florida Statute 222.25(4) provides that if the debtor does not claim or receive the benefits of a homestead exemption, the debtor may claim a $4,000 personal property exemption which is over and above the $1000 to which all debtors are entitled pursuant to Florida Statute 222.25(1).
Florida recognizes just seven different pleadings in Fla.R.Civ.P. 1.100: [14] Complaint (or if designated by statute/rule, "Petition") Answer; Reply (if the answer contains a defense, the opposing party must file a reply to avoid it) Answer to a counterclaim; Answer to a crossclaim (if the answer contains a crossclaim)
Where the executor dies intestate after probate without having completely administered the estate Where an administrator dies. In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted.
As the Florida appellate court pointed out, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code." [ 4 ] The Uniform Law Commission does not list Florida as one of the states that has adopted the Uniform Probate Code.
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The Florida Statutes are the codified, statutory laws of Florida; it currently has 49 titles. A chapter in the Florida Statutes represents all relevant statutory laws on a particular subject. [1] The statutes are the selected reproduction of the portions of each session law, which are published in the Laws of Florida, that have general ...
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However, each state and territory has slightly different laws and processes in relation to probate. The main probate legislation is as follows: New South Wales—Probate and Administration Act 1898. [12] Victoria—Administration and Probate Act 1958. [13] Queensland—Uniform Civil Procedure Rules 1999 [14] and Succession Act 1981. [15]
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