Category: Blog

As Floridians, we understand the importance of ensuring that legal agreements accurately reflect the intentions of the parties involved. However, sometimes errors occur in the drafting or recording of deeds, leading to unintended consequences. In such cases, the equitable remedy of “reformation” comes into play. Reformation aims to correct errors not in the parties’ agreement… Continue reading Fixing Errors in Deeds and other Instruments: Understanding the Equitable Remedy of Reformation in Florida

Probate can be a complex and emotional process, especially when it comes to determining the rights of a surviving spouse. In the state of Florida, spousal rights in probate are governed by specific laws and regulations that aim to protect the interests of the surviving spouse. In this blog post, we will delve into the… Continue reading Understanding Spousal Rights in Florida Probate: A Comprehensive Guide

Trusts are a crucial component of estate planning, offering a means for individuals to ensure their assets are managed and distributed according to their wishes. In Florida, beneficiaries of an irrevocable trust have several rights, but it’s imperative to understand and exercise these rights to avoid being taken advantage of. This article will delve into… Continue reading Understanding Your Rights as a Beneficiary in Florida Trust Litigation

As anyone familiar with probate litigation knows, understanding the intricacies of the process can be quite a task. In this complex landscape, one key element that often demands attention involves the removal of a personal representative due to a conflict of interest. Let’s unpack this issue as it unfolds under Florida law, specifically Fla. Stat.… Continue reading Navigating Probate Litigation: Understanding Personal Representative Removal in Florida for Conflict of Interest

When it comes to probate matters in Florida, it is crucial to have a clear understanding of the Garn-St Germain Act, a federal law that significantly impacts estate and mortgage issues. This act specifically addresses the enforcement of “due on sale” clauses in mortgages and has important implications for the administration of estates during probate.… Continue reading Understanding the Garn-St Germain Act for Probate: Implications for Florida Estate and Mortgage Matters

When it comes to managing trusts in Florida, trustees have a paramount responsibility to uphold the best interests of beneficiaries. This includes maintaining accurate records, supporting disbursements made from the trust, and acting in a transparent and accountable manner. Failure to meet these obligations can result in trust litigation, where beneficiaries may challenge the actions… Continue reading Florida Trust Litigation: Improper Accountings

Filing a death certificate is a crucial process, ensuring accurate records are maintained for individuals who have passed away. However, mistakes can occur, leading to incorrect information being recorded on the death certificate. One common error is inaccurately stating the marital status of the deceased. In Florida, the law allows for the amendment of death… Continue reading Correcting Errors on Death Certificates in Florida

Introduction Trustees play a critical role in managing the assets of another person. With their broad discretion and limited oversight, beneficiaries heavily rely on the trustee’s accountability to ensure proper management of the trust. A vital component of this accountability is the duty to inform and account, which requires trustees to provide complete and accurate… Continue reading Trust Litigation: The Duty to Inform and Account

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