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Often we will speak with Clients about their estate planning needs and discover that there are major misconceptions about what is necessary. When it comes to estate planning, there are two documents that stand out as the most important: the will and the trust. Both serve different purposes, but they both play a crucial role… Continue reading UNDERSTANDING THE DIFFERENCES BETWEEN WILLS AND TRUSTS UNDER FLORIDA LAW
The case of Morrison v. Smolarick, No. 2D20-2693, is a decision made by the District Court of Appeal of Florida, Second District in 2022. It deals with the issue of partition, which is a legal process by which co-owners of property can seek to divide the property or, if it cannot be divided, to sell… Continue reading FLORIDA PARTITIONS: CASE LAW UPDATE – MORRISON V. SMOLARICK
Florida trust litigation refers to legal disputes that arise involving trusts in the state of Florida. These disputes can include issues such as trust interpretation, breach of trust, and removal of trustees. Trust litigation can be a complex and time-consuming process. Our office litigates disputes among Trustees and beneficiaries throughout the state of Florida. A… Continue reading HOW TO CHALLENGE OR CONTEST A TRUST IN FLORIDA
Florida law has various tools to remove folks improperly in possession of Property. The basic tools include the following options under Florida Law: (1) Ejectment (2) Wrongful Detainer (3) Eviction. We will go over the basics of these and some differences: What is an Eviction under Florida Law? An eviction is a legal proceeding to… Continue reading HOW TO REMOVE PERSONS FROM YOUR PROPERTY UNDER FLORIDA LAW: POSSESSION ACTIONS
GENERAL CONSIDERATIONS: As you begin to plan your estate and consider who you would like to serve as your personal representative, it’s important to choose someone who is reliable, trustworthy, and able to handle the responsibilities of the role. In this blog post, we’ll explore some key factors to consider as you make this important… Continue reading SELECTING THE CORRECT PERSONAL REPRESENTATIVE FOR A FLORIDA ESTATE
What is a Partition in Florida? In Florida, partition is a legal process by which co-owners of a property can divide it into separate shares or interests. This may be necessary if the co-owners can’t agree on how to use or manage the property, or if they want to sell their share and divide the… Continue reading ATTORNEY FEES AND COSTS IN FLORIDA PARTITION ACTIONS
In a partition proceeding in Florida, an accounting must be conducted to determine whether each co-owner has paid their fair share of the expenses related to the property and to adjust their accounts accordingly. This includes expenses such as mortgage payments, insurance, taxes, and necessary repairs. The court will first determine the percentage of ownership… Continue reading RECOVERY OF PROPERTY EXPENSES & COSTS FROM A FLORIDA PARTITION ACTION
What is a Caveat? A caveat is a legal notice or warning that may be filed with a court or other government agency by an interested party in an estate proceeding. The purpose of a caveat is to alert the court to a potential issue or claim that the interested party wishes to raise or… Continue reading CAVEATS FOR FLORIDA PROBATE
AGENT DUTY AND LIABLITY UNDER FLORIDA LAW A power of attorney is a legal document in which a person (the “principal”) grants authority to another person (the “agent”) to act on their behalf. This authority can be limited to specific tasks or can be broad and cover a wide range of responsibilities. Florida has a… Continue reading FLORIDA POWER OF ATTORNEY – AGENT RESPONSIBILITIES & LIABILITIES AND WHAT TO DO IF YOU SUSPECT ABUSE BY THE AGENT
Ok first some basics, in the state of Florida, creditors of a deceased individual may file a claim against the estate to recover debts that are owed to them. The process for filing a creditor claim in a probate proceeding is outlined in Florida Statutes, Chapter 733. Under Florida law, a creditor must file a… Continue reading DEALING WITH CREDITORS IN A FLORIDA PROBATE: TIPS AND TRICKS
