Author: bestedg3

In a Florida Probate proceeding one of the principal guiding aspects of the law is to give meaning and intent to the desires or wishes of the decedent.  Therefore the case law interpreting will provisions in Florida is construed to favor the intent of the decedent where possible.  One challenge that occurs is when a… Continue reading What Happens When You Get Divorced and Fail to Update Your Last Will and Testament or Estate Planning Documents in Florida

Florida probate administration has statutory rules governing what should happen if there are simply not enough assets to pay all the distributions identified in an estate.  These statutory rules are known as the rules of abatement.    These statutory rules will control unless the Last Will and Testament admitted to probate Court in Florida has a… Continue reading What Happens When the Estate Doesn’t Have Enough Assets to Pay Out All the Items in a Will in a Florida Probate? Abatement

A recurring problem in Florida real estate transactions is an invalid conveyance or sale because of the failure to understand Florida’s restrictions as to the sale of a homestead property as to a married couple.  In Florida if your married the State of Florida, via its constitutional protections for its citizens imposes some restrictions on… Continue reading Can You Sell Your Homestead Without Your Spouse if You Are Married in Florida?

Many of our Clients have loved ones who have passed away in Florida but they themselves are residents of a foreign state.  In this type of scenario, it is important to consider how to effectively probate an estate in Florida if you reside somewhere else. A. If your Primary Proceedings will be in Florida: If… Continue reading How to Probate Property in Florida if You Live Out of State

The creation of a Last Will and Testament is a tool to alter your estate plan from the default rules of succession.  If you happen to pass away without having written a Last Will and Testament, the State of Florida has an estate plan for you and these are detailed in the Florida Rules of… Continue reading What Happens if You Die Without a Will in Florida?

What is a Petition for Administration In a Florida probate proceeding if you have not initiated the case, you may be surprised to receive, typically via US certified mail return receipt requested, a document called a Petition for Administration.  Florida law requires that this document be served in a manner with delivery tracking or in… Continue reading Florida Probate Basics: Should You Object to a Petition for Administration?

During the course of handling probate administrations, estate planning and contested adversarial probate cases throughout Florida, one dark and recurring theme has continued to arise.  Claims of exploitation and elderly abuse are rampant in our nation, and especially so in Florida.  The prominence of elder abuse in Florida may be in part due to the… Continue reading Tools to Prevent and Pursue Recovery for Elder Abuse in Florida

Although Hurricane Irma was less damaging than first anticipated, it has caused major damage throughout the state.  Many families were left with property damage and no power.   Tree limbs, heavy wind driven rain and flooding have destroyed businesses and residential properties throughout the state.  Dealing with an insurance company after a loss can make a… Continue reading How to Get the Most from Your Hurricane Irma Claim

Florida Law has a mechanism for the establishment of paternity testing.  Fla. Stat. §742.12 provides a framework for the evidentiary use of paternity testing.  Importantly, Florida law requires a written sworn statement alleging the facts establishing the conflict or question regarding paternity.  Fla. Stat. 742.12 also provides the framework for the Court’s evidentiary analysis by… Continue reading Establishing Paternity in Florida Probate Litigation Disputes

A recurring source of litigation in Florida revolves around the rights of buyers and sellers operating under an “As Is” contract for sale of residential property.           A. The Seller’s Obligations to Disclose Under Florida Law Despite the existence of contractual language excusing a seller of a property from representations (ie… Continue reading Florida “As Is” Real Estate Contracts and the Duty to Disclose in Residential Home Sales