Category: Blog

The Probate action is an action over property and the distribution of Property among heirs and is often referred to as in rem (over property) jurisdiction as opposed to “in personam” jurisdiction which is jurisdiction over a person. This distinction is relevant because one of the primary jobs of a Personal Representative will be to… Continue reading THE POWERS OF THE FLORIDA PERSONAL REPRESENTATIVE PART 1: TO COLLECT ASSETS & FREEZE ASSETS

Being a Trustee over a Florida Trust is not always a fun job. The Trustee has some important responsibilities governed by (1) the Trust document (2) the Florida Trust Code. So in general what does a Florida Trust require? Adherence to and compliance with the Trust document. The Trustee is a fiduciary and as such… Continue reading FLORIDA TRUST ADMINISTRATION BASICS

Unfortunately, many Floridians continue to fall victim to exploitation and abuse.  The Florida legislature has provided some tools to aid families to fight elder abuse.  One of those tools is the “Death Bed” Marriage Statute.  Fla. Stat. 732.805 provides generally that a Florida marriage can be invalidated if it was procured by fraud, duress, or… Continue reading OVERTURNING A DEATH BED MARRIAGE IN FLORIDA

We often see people come in after a loved one has died with a will from ten, fifteen, or even twenty years ago.  These wills run the risk of being stale or obsolete we call those a Lapsed Devise or similarly a Void Devise, both are treated the same in Florida law. A Lapsed Devise… Continue reading What Happens In Florida If The Person You Leave Your Things To In Your Will Dies?

Florida Probates can take a variety of different forms depending on the nature of the representation.  Small Estate proceedings, called Summary Administrations are available if the deceased has been dead for over two years or alternatively if the total assets subject to the Florida probate administration are less than $75,000.00.  In Florida the fees for… Continue reading What are typical probate lawyer fees in Florida?

Sometimes life events occur that require a change in Estate planning.  In Florida will contests and Probate litigation can often turn on the strange set of circumstances surrounding whether or not a Last Will and Testament was properly revoked. Fortunately, Florida Statutes offer some guidance: 732.505. Revocation by writing A will or codicil, or any… Continue reading How to Revoke a Last Will and Testament in Florida

With the popularity of “avoiding probate” seminars, books and do-it-yourself guides that flooded the State of Florida over the past decades it is little wonder that our state has seen a dramatic increase in Trust Litigation.   Trusts can be great estate planning tools. This article is meant to provide a basic overview for those brave… Continue reading Florida Trust Administration Basics