Category: Blog

As anyone familiar with probate litigation knows, understanding the intricacies of the process can be quite a task. In this complex landscape, one key element that often demands attention involves the removal of a personal representative due to a conflict of interest. Let’s unpack this issue as it unfolds under Florida law, specifically Fla. Stat.… Continue reading Navigating Probate Litigation: Understanding Personal Representative Removal in Florida for Conflict of Interest

When it comes to probate matters in Florida, it is crucial to have a clear understanding of the Garn-St Germain Act, a federal law that significantly impacts estate and mortgage issues. This act specifically addresses the enforcement of “due on sale” clauses in mortgages and has important implications for the administration of estates during probate.… Continue reading Understanding the Garn-St Germain Act for Probate: Implications for Florida Estate and Mortgage Matters

When it comes to managing trusts in Florida, trustees have a paramount responsibility to uphold the best interests of beneficiaries. This includes maintaining accurate records, supporting disbursements made from the trust, and acting in a transparent and accountable manner. Failure to meet these obligations can result in trust litigation, where beneficiaries may challenge the actions… Continue reading Florida Trust Litigation: Improper Accountings

Filing a death certificate is a crucial process, ensuring accurate records are maintained for individuals who have passed away. However, mistakes can occur, leading to incorrect information being recorded on the death certificate. One common error is inaccurately stating the marital status of the deceased. In Florida, the law allows for the amendment of death… Continue reading Correcting Errors on Death Certificates in Florida

Introduction Trustees play a critical role in managing the assets of another person. With their broad discretion and limited oversight, beneficiaries heavily rely on the trustee’s accountability to ensure proper management of the trust. A vital component of this accountability is the duty to inform and account, which requires trustees to provide complete and accurate… Continue reading Trust Litigation: The Duty to Inform and Account

Introduction When it comes to the validity of a Last Will and Testament, testamentary capacity plays a crucial role. In Florida, case law defines testamentary capacity as “the ability to mentally understand in a general way (1) the nature and extent of the property to be disposed of, (2) the testator’s relation to those who… Continue reading Challenging the Validity of a Last Will and Testament on the Basis of Incapacity

We litigate Estates throughout Florida and one of the most significant issues I come across during will contests is the concept of undue influence. In this blog, I aim to help you comprehend the idea of undue influence, identify the criteria required to presume undue influence, and understand how this presumption can be refuted in… Continue reading Undue Influence in Florida Will Contests

As a property owner in Florida, it’s crucial to consider the possibility of clouds on the title that may arise from prior record titles or claims made by other parties, even after obtaining a tax deed. In such cases, a quiet title action becomes necessary to eliminate uncertainties and disputes regarding property ownership. In this… Continue reading Understanding Quiet Title Actions in Florida After Obtaining a Tax Deed

As Real Estate lawyer I find the concept of adverse possession in Florida particularly intriguing. Adverse possession is a legal principle that allows a person to claim ownership of a property if they have occupied it for a certain period of time, under specific conditions. In other words, they are gaining title and ownership to… Continue reading Florida Adverse Possession: A Deep Dive into the Legal Landscape

In the state of Florida, partition law governs the division of jointly owned real estate when the co-owners are unable to reach an agreement on how to use or dispose of the property. One important aspect of partition law in Florida is the right to rental income derived from the jointly owned property. This article… Continue reading FLORIDA PARTITION LAW – RIGHT TO RENTAL INCOME RECEIVED FROM THIRD PARTIES