Category: Blog

As a probate litigation attorney, I often deal with the ins and outs of Power of Attorney (POA) litigation, a complex area of law that can be fraught with conflict and confusion. Understanding a Florida Power of Attorney At the heart of power of attorney litigation is the understanding of the power of attorney document… Continue reading FLORIDA POWER OF ATTORNEY LITIGATION

My office litigates trust disputes throughout the state of Florida. One major recurring topic is the removal of Trustees. We will explore some of the reasons why a Trustee can be removed. Here are the more common reasons: Breach of Fiduciary Duty: If a trustee violates their fiduciary duties, including mismanaging trust assets or failing… Continue reading FLORIDA LAW REMOVAL OF A TRUSTEE

Estate planning and trust administration can be complex, particularly when disputes arise. It’s crucial for individuals involved in a trust dispute to be aware of the time limitations on contesting a trust in Florida. In this article, we will explore Florida Statute 736.0604 and related cases that provide guidance on time limitations for challenging a… Continue reading Time Limitations on a Challenge to a Trust in Florida

Co-trustees play a vital role in managing and administering trusts. They hold a fiduciary duty to act in the best interests of the trust and its beneficiaries. However, when multiple individuals serve as co-trustees, questions often arise about their individual and joint responsibilities, and the potential liability they might face. In this article, we will… Continue reading Liability of Co-Trustees: An Analysis of Florida Law

Blended families are increasingly common in today’s society, as more individuals remarry and create new family structures. According to the Pew Research center, 16% of children are living in blended families. These situations often present unique challenges when it comes to estate planning. Understanding the Challenges of Estate Planning for Blended Families Blended families often… Continue reading Florida Estate Planning for Blended Families

In today’s increasingly digital world, it is crucial to consider digital assets when creating an estate plan. In Florida, the management and disposition of digital assets in estate planning and administration are governed by the Florida Fiduciary Access to Digital Assets Act (Chapter 740), enacted in 2016. This article will explore the importance of incorporating… Continue reading Digital Assets Considerations for Estate Planning & Probate in Florida

The Agency for Healthcare Administration is generally entitled to recover Medicaid payments from a probate estate as a creditor, but there are some exceptions. For example, the agency cannot enforce a debt against an estate if the recipient is survived by a spouse, a child under 21, or a disabled child. Additionally, the agency cannot… Continue reading FLORIDA PROBATE ADMINISTRATION – DEALING WITH MEDICAID (AHCA)

What is a Last Will and Testament? A will is a legal document that outlines your final wishes and dictates how your property will be distributed after your death. In Florida, a will must be in writing, signed by the testator, and witnessed by two witnesses who are not beneficiaries under the will. A will… Continue reading WHATS THE DIFFERENCE BETWEEN A LAST WILL AND TESTAMENT AND A TRUST UNDER FLORIDA LAW?

Who gets to be personal representative of an estate in Florida? The Personal Representative administers the estate and is ‘in charge’ while the probate of an estate is done. But how is the personal rep chosen and who gets a say? Florida Statutes Section 733.301 lays out all the ground rules for this process of… Continue reading FLORIDA LAW ON WHO IS IN CHARGE OF AN ESTATE

What is Heirs Property as defined by Florida law? When it comes to real property held in tenancy in common, disputes between co-tenants can arise, making it necessary to partition the property. Florida’s Uniform Partition of Heirs Property Act (UPHPA) offers a framework for the partition of such property, and it is crucial to understand… Continue reading FLORIDA PARTITION ACTIONS: UNDERSTANDING THE CO-TENANT BUYOUT PROCEDURE