Category: Blog

Over the years my office has handled thousands of estates.  Although every situation is different, here are some common problems that I have seen in my time litigating and administering estates in Florida. Estate planning is one of the most critical steps individuals can take to protect their assets and ensure their legacy aligns with their… Continue reading FLORIDA ESTATE PLANNING: COMMON PROBLEMS AND HOW TO AVOID THEM

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

The case of “In re Estate of Salathe” clearly states that Florida’s intestacy laws apply to the inheritance of property located within the state (In re Estate of Salathe, 703 So.2d 1167 (1997) . This is reiterated in the same case where it was held that despite the decedent not having a valid will in… Continue reading FLORIDA PROBATE FOR OUT OF STATE OR OUT OF COUNTRY ESTATES: ANCILLARY ADMINISTRATIONS

Real estate litigation in Florida often intersects a few different areas of law. Uniquely to our State of Florida is an embedded protection for the surviving spouse in the homestead residence of the decedent. So first of all, what is homestead? Homestead is your primary residence designated and protected by the property appraiser after filling… Continue reading FLORIDA REAL ESTATE LIMITATIONS – HOMESTEAD PROPERTY CONVEYANCES WITH A SPOUSE

RIDGEWAY V. RIDGEWAY Life insurance litigation can be controlled by both state court and federal principles. In Florida a Trial Court Order in some circumstances has no effect on federal entitlement to life insurance benefits. This rule was most clearly set forth in the US Supreme Court case of Ridgeway v. Ridgeway (102 S. Ct.… Continue reading LIFE INSURANCE LITIGATION – FEDERAL SUPREMACY CLAUSE CONSIDERATIONS