Category: Blog

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

In Florida, if a loved one has passed away while residing in a rental property, the heirs of the estate and surviving family members may be frustrated to learn that Florida Law does not provide a mechanism for easy access to the rental unit to retrieve the deceased’s personal belongings.  Unless the person attempting to… Continue reading Dealing with Landlords and Rental Property in a Florida Probate

One of the most common tools used to take advantage of the elderly in Florida is the Power of Attorney document. This document, once executed by an individual (the Principal) gives either specific or general powers to another (the Agent) to act on behalf of him or her.  These documents are excellent tools for estate… Continue reading Power of Attorney Litigation in Florida

Florida law provides a procedural and statutory guide which sets for the rights/powers and obligations of an Executor in the State of Florida. In the State of Florida, an Executor is referred to as a “Personal Representative”—this is the same as an “Executor” as the term is used in other states for all practical purposes.… Continue reading Florida Powers and Duties of an Executor (Personal Representative)

One of the most common questions I receive from folks is simply “What is probate court?”  Probate is the court-supervised process of distributing the assets of an individual, referred to as his or her “estate” after they pass away.  Probate in Florida is handled by the Circuit Court of Appeals, probate division.  This means that… Continue reading What is Probate Court?

Often times in Florida we see heirs or beneficiaries who realize that they have a share of a probate estate but for their own estate planning purposes, for taxes or for continued qualifications for medical benefits or other reasons don’t want to take the probate assets.  Instead, they seek to simply pass those assets to… Continue reading Florida Disclaimer of Property Interests Act