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In Florida, life estates are commonly created to ensure a surviving spouse can remain in the family home while reserving the future ownership for designated remaindermen. The legal obligations of life tenants and remaindermen are defined by Florida law and case precedent, emphasizing the balance between a life tenant’s right to use the property and… Continue reading The Responsibilities of Life Tenants and Remaindermen in Florida
The administration of a trust in Florida is governed by strict statutory requirements designed to ensure accountability and transparency. Trustees are legally obligated to keep beneficiaries informed and provide detailed accountings of the trust’s administration. The case of Hadassah v. Melcer, 268 So.3d 759 (Fla. 4th DCA 2019) highlights the practical implications of these duties… Continue reading Florida Trustees Obligations Toward Beneficiaries: The Duty to Inform and Account
Guardianships in Florida are critical legal tools for protecting individuals unable to manage their affairs. These arrangements, however, are not necessarily permanent. Whether due to the ward’s death, restoration of capacity, or other circumstances, guardianships must eventually come to an end. Concluding a guardianship involves detailed procedures that ensure the guardian has fulfilled their duties… Continue reading FINAL STEPS IN GUARDIANSHIP: CONCLUDING GUARDIANSHIPS IN FLORIDA
Over the years my office has handled thousands of estates. Although every situation is different, here are some common problems that I have seen in my time litigating and administering estates in Florida. Estate planning is one of the most critical steps individuals can take to protect their assets and ensure their legacy aligns with their… Continue reading FLORIDA ESTATE PLANNING: COMMON PROBLEMS AND HOW TO AVOID THEM
In Florida, Probate law can involve contesting a will and renouncing benefits under it. This is a nuanced area, as seen in Theresa H. Carman v. Roy Gilbert et al., 641 So. 2d 1323 (Fla. 1994). The Florida Supreme Court addressed whether a renunciation of benefits included in a petition to revoke the probate of… Continue reading UNDERSTANDING QUALIFIED RENUNCIATION IN FLORIDA WILL CONTESTS
Florida’s new law, Section 82.036, has brought a significant shift in how property owners can handle unlawful detainer situations. Remember unlawful detainer is the remedy for when someone has no legal right to reside in your premises. If there is a claim by the occupant of ownership the appropriate remedy is an ejectment. Finally if… Continue reading New Florida Law Provides Faster Process for Property Owners to Remove Unauthorized Occupants – New Unlawful Detainer Law
In Florida probate law, the role of a personal representative is essential to the administration of an estate. The personal representative is entrusted with managing and distributing the decedent’s assets according to their will or, in the case of intestacy, under Florida’s laws of intestate succession. However, not all personal representatives remain in their position… Continue reading THE REMOVAL OF A PERSONAL REPRESENTATIVE IN FLORIDA PROBATE LAW
In Florida, probate law provides clear pathways for resolving estate disputes, and one key principle is that probate remedies must be exhausted before a party can file a tortious interference claim. This doctrine protects the integrity of probate proceedings and prevents beneficiaries from bypassing probate in pursuit of tort claims. In this post, we’ll explore… Continue reading FLORIDA INHERITANCE DISPUTES – TORTIOUS INTERFERENCE CLAIMS
In Florida probate law, the doctrine of dependent relative revocation (DRR) plays a crucial role in determining whether a revoked will can be revived when a subsequent will is declared invalid. This principle seeks to honor a testator’s presumed intent to avoid intestacy. The 2016 case of In re Estate of Virginia E. Murphy (184… Continue reading FLORIDA WILL CONTESTS – THE DOCTRICE OF DEPENDENT RELATIVE REVOCATION
In Florida, trust litigation often revolves around the rights of beneficiaries, and one of the most critical rights is the right to a trust accounting. Trust accounting ensures transparency in trust administration, allowing beneficiaries to monitor how trust assets are managed and used. Under Florida law, trustees are required to keep qualified beneficiaries informed of… Continue reading UNDERSTANDING BENEFICIARY RIGHTS TO TRUST ACCOUNTING IN FLORIDA TRUST LITIGATION
