Category: Blog

A common scenario in Florida Trust litigation occurs when a settlor creates a trust in Florida but the trustee is out of state.  Questions arise as to the proper jurisdiction and venue for bring forth trust litigation.  Fla. Stat. 736.0202 is instructive; it provides in pertinent part:

Florida law requires that the transfer of mobile homes in most cases be done through transfer of a certificate of title.  The applicable Florida statute, Fla. Stat. 319.So22(1) provides: (1)Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner… Continue reading Title Considerations for a Florida Mobile Home Purchase

One of the more frequently encountered areas of confusion in Florida Probate and real property disputes revolves around Florida’s state constitutional protections for homestead property.  The Florida constitution Article 10, section 4 of the Florida constitution provides: SECTION 4. Homestead; exemptions.— (a) There shall be exempt from forced sale under process of any court, and no judgment,… Continue reading Florida Homestead Property

Importantly, in a Formal Administration a Personal Representative is nominated.  Often referred to as an “executor” in other states, Florida requires that a person be appointed as the Personal Representative to administer a Formal Administration probate proceeding.  Whether you are being nominated as the potential future Personal Representative in a Last Will and Testament or… Continue reading What is a Personal Representative and What are their Responsibilities in a Florida Probate?

One of the primary justifications used for the blanket denial of coverage for many insurance claims stems from a general policy requirement contained in most Florida Homeowners’ Insurance policies that an insured must provide the carrier with prompt notice of the loss.  “Prompt notice” as you would probably guess is an undefined term and not… Continue reading Dealing with Denied Insurance Claims Based on an Allegation of Late Notice in Florida

The general duty of a Personal Representative to faithfully gather the assets of the decedent also includes an obligation to make a determination regarding litigation on the decedent’s behalf after death and the continuation of litigation that the decedent initiated prior to his or her passing. These enumerated powers are set forth in Florida Statute… Continue reading Suing on Behalf of the Estate: Wrongful Death Actions and Other Claims in Florida Probate

One of the common themes that we encounter in dealing with probate litigation in Florida is an unsupervised family member in charge of a probate administration.  Through the course of the typical probate administration in Florida, as an heir or beneficiary you may be presented with several documents collectively known as “waivers” that allow for… Continue reading Understanding the Statute of Limitations in Florida Probate Litigation

General Considerations common to most Florida Homeowners Insurance Policies : In Florida, the policy of insurance covering your home or commercial building is a contract, even though the terms and conditions are not really bargained for.  This type of contract, where the drafter provides it to the insured on a take it or leave it… Continue reading Florida Property Insurance Law Basics for Homeowners and Building Owners

Florida law allows owners of property to hold title to real property in various ways.  Each type of ownership has varying characteristics that impact succession and rights to Florida Property.  When deciding how to hold title consider asset protection, taxation and succession. Fee Simple/ Sole Ownership: Holding title in an individual’s name only.  You can… Continue reading Probate and Estate Planning Considerations for the Different forms of Real Property Title Available in Florida

Dealing with probate litigation and administration, we frequently observe how poor estate planning and/or unscrupulous family members destroy the intentions of a decedent and ultimately cause fall out among the remaining family members.  One tool we commonly see abused in Florida is the power of attorney document.  This article is meant to provide a brief… Continue reading Power of Attorney Litigation in Florida: An Overview