If you’re not an expert in legal matters, understanding probate law in Florida can be difficult. A common question that people want to know, after the death of a parent or even grandparent, is: Can the inheritance be legally divided, just based on a verbal agreement among siblings?
Oral Agreements and the Law
In Florida, it’s generally acknowledged that if an oral agreement is to be accepted as legally binding, it needs to feature consideration.
Consideration, in its most basic terms, means that the court will check whether or not the parties involved in the oral agreement are doing something which they’re not legally obliged to do, or conversely, if they’re choosing to not do something that they are legally permitted to do.
Florida differs significantly to most other states, in that it accepts that either a benefit to one person, or detriment to another person will provide sufficient consideration. So, the short answer is, yes, inheritance can be legally divided in this state, based on oral agreement alone.
Dividing the Inheritance – How to Do It
It’s strongly advisable, if you find yourself in the position where you want to divide an inheritance between siblings, to hire the services of a probate attorney in Florida. They’re trained experts in dealing with inheritance disputes of all kinds and will be able to assess your specific situation and work out the appropriate course of action.
Getting in Touch With a Probate Attorney in Florida
If you’d like to discuss any probate-related matters with a professional, speak to Zoecklien Law today. We specialize in cases relating to probate and will fight to ensure you get the best possible outcome for you and your loved ones. To find out more, call 813 501 5971.
Disclaimer: The information contained in this blog/website is for informational purposes only and provides general information about the law but not specific advice. This information should not be used as a substitute for advice from competent legal counsel as laws change and the facts in your specific case need to be analyzed.
