Author: bestedg3

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

Most insurance policies provide that an insurance company maintains the right to take an “Examination Under Oath” or EUO of its insured(s) as a pre-condition to extending coverage. The Examinations Under Oath are handled by Insurance company attorneys and can serve as the basis for denying insurance claims if damaging testimony or documents are obtained. … Continue reading What is an Examination Under Oath in Florida?

Pursuant to the Florida Rules of Probate Procedure an interested person has 30 days to object to a Final Accounting and Petition for Discharge within thirty (30) days after service of the documents.  Importantly, written objections must state with particularity the items to which the objections are directed and must state the specific grounds upon… Continue reading Objections to the Final Accounting of a Personal Representative in Florida

Obviously the words contained in a last will and testament have significant impact.   Countless books in law libraries are filled with cases centered on determining the intent of the deceased or through the application of specific language in a Will.  In Florida, we generally recognize several different categories of testamentary gifts: (1) pecuniary (2) specific… Continue reading Basic Florida Will Construction