Author: bestedg3

Introduction When it comes to the validity of a Last Will and Testament, testamentary capacity plays a crucial role. In Florida, case law defines testamentary capacity as “the ability to mentally understand in a general way (1) the nature and extent of the property to be disposed of, (2) the testator’s relation to those who… Continue reading Challenging the Validity of a Last Will and Testament on the Basis of Incapacity

We litigate Estates throughout Florida and one of the most significant issues I come across during will contests is the concept of undue influence. In this blog, I aim to help you comprehend the idea of undue influence, identify the criteria required to presume undue influence, and understand how this presumption can be refuted in… Continue reading Undue Influence in Florida Will Contests

As a property owner in Florida, it’s crucial to consider the possibility of clouds on the title that may arise from prior record titles or claims made by other parties, even after obtaining a tax deed. In such cases, a quiet title action becomes necessary to eliminate uncertainties and disputes regarding property ownership. In this… Continue reading Understanding Quiet Title Actions in Florida After Obtaining a Tax Deed

As Real Estate lawyer I find the concept of adverse possession in Florida particularly intriguing. Adverse possession is a legal principle that allows a person to claim ownership of a property if they have occupied it for a certain period of time, under specific conditions. In other words, they are gaining title and ownership to… Continue reading Florida Adverse Possession: A Deep Dive into the Legal Landscape

In the state of Florida, partition law governs the division of jointly owned real estate when the co-owners are unable to reach an agreement on how to use or dispose of the property. One important aspect of partition law in Florida is the right to rental income derived from the jointly owned property. This article… Continue reading FLORIDA PARTITION LAW – RIGHT TO RENTAL INCOME RECEIVED FROM THIRD PARTIES

In the realm of personal finance, life insurance stands as a pillar of financial security and peace of mind. It promises a safety net to our loved ones in case of our untimely departure. But what happens when this safety net is compromised by unscrupulous individuals or organizations? In this blog, we will delve deep… Continue reading LIFE INSURANCE DISPUTES: FLORIDA LAW

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