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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
In Florida probate law, the doctrine of dependent relative revocation (DRR) plays a crucial role in determining whether a revoked will can be revived when a subsequent will is declared invalid. This principle seeks to honor a testator’s presumed intent to avoid intestacy. The 2016 case of In re Estate of Virginia E. Murphy (184… Continue reading FLORIDA WILL CONTESTS – THE DOCTRICE OF DEPENDENT RELATIVE REVOCATION
In Florida, trust litigation often revolves around the rights of beneficiaries, and one of the most critical rights is the right to a trust accounting. Trust accounting ensures transparency in trust administration, allowing beneficiaries to monitor how trust assets are managed and used. Under Florida law, trustees are required to keep qualified beneficiaries informed of… Continue reading UNDERSTANDING BENEFICIARY RIGHTS TO TRUST ACCOUNTING IN FLORIDA TRUST LITIGATION
In Florida, property disputes involving multiple owners—known as cotenants—are often resolved through partition actions, especially when owners cannot agree on the future of the property. Partition cases allow the property to either be divided among the owners or sold, with the proceeds split according to each owner’s share. An important aspect of these cases is… Continue reading UNDERSTANDING COTENANT BUYOUTS IN PARTITION CASES UNDER FLORIDA STATUTE 64.206-207
When designing an estate plan in Florida, one critical decision many individuals face is how to transfer property to their loved ones. Two common methods are inheritance through a will or trust and the use of a deed or gift during your lifetime. While both options ensure that your property reaches the intended beneficiaries, there… Continue reading FLORIDA ESTATE PLANNING CONSIDERATIONS – STEPPED UP COST BASIS
Navigating probate in Florida can be complex, especially regarding the distribution of a deceased person’s assets. Florida Statute 733.805 provides a detailed hierarchy for using assets to satisfy debts, administrative expenses, and bequests, ensuring an orderly process for settling an estate. Florida Statute: 733.805 provides: 733.805 Order in which assets abate.— (1) Funds or property designated by… Continue reading Understanding Florida Probate Law: The Order in Which Assets Are Sold to Pay Debts – AKA Abatement
The right of contribution among co-tenants (Co-owners) for expenses related to jointly owned property is a well-established principle in common law in Florida. This obligation, rooted in equity and fairness, ensures that co-tenants share the financial responsibilities of property ownership, such as taxes, mortgage payments, and necessary repairs. This principle is enforceable in court, even… Continue reading OBLIGATIONS OF CO-OWNERS OF PROPERTY UNDER FLORIDA LAW
