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In Florida, Probate law can involve contesting a will and renouncing benefits under it. This is a nuanced area, as seen in Theresa H. Carman v. Roy Gilbert et al., 641 So. 2d 1323 (Fla. 1994). The Florida Supreme Court addressed whether a renunciation of benefits included in a petition to revoke the probate of… Continue reading UNDERSTANDING QUALIFIED RENUNCIATION IN FLORIDA WILL CONTESTS

Florida’s new law, Section 82.036, has brought a significant shift in how property owners can handle unlawful detainer situations.  Remember unlawful detainer is the remedy for when someone has no legal right to reside in your premises.  If there is a claim by the occupant of ownership the appropriate remedy is an ejectment.  Finally if… Continue reading New Florida Law Provides Faster Process for Property Owners to Remove Unauthorized Occupants – New Unlawful Detainer Law

In Florida probate law, the role of a personal representative is essential to the administration of an estate. The personal representative is entrusted with managing and distributing the decedent’s assets according to their will or, in the case of intestacy, under Florida’s laws of intestate succession. However, not all personal representatives remain in their position… Continue reading THE REMOVAL OF A PERSONAL REPRESENTATIVE IN FLORIDA PROBATE LAW

In Florida, probate law provides clear pathways for resolving estate disputes, and one key principle is that probate remedies must be exhausted before a party can file a tortious interference claim. This doctrine protects the integrity of probate proceedings and prevents beneficiaries from bypassing probate in pursuit of tort claims. In this post, we’ll explore… Continue reading FLORIDA INHERITANCE DISPUTES – TORTIOUS INTERFERENCE CLAIMS

When a settlor (creator) of a trust dies, sometimes it is necessary to probate their estate.  While one of the great things about having a trust is the ability to potentially avoid probate, sometimes it makes sense to open a formal administration to be able to probate the settlor’s estate. It all starts with the… Continue reading DEMYSTIFYING THE ROLE OF TRUSTS IN A FORMAL ADMINISTRATION

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

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

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