If you’ve lost a loved one, you are probably going through a challenging time, and the complex probate process in Florida is not likely to make your situation more bearable. A better understanding of some of the legal basics, however, can better protect your rights while navigating the path forward. One legal basic is disposition without administration in Florida, which has to do with reimbursing the person who paid for their loved one’s – the decedent’s – final costs. This reimbursement comes through the decedent’s estate, and the matter can become quite complicated.  If you have questio ..read more

To understand inheritance rights in Florida, it’s important to understand next of kin in relation to the law. If your loved one dies without a will, their estate will be distributed in accordance with Florida’s laws of intestacy, which involve next of kin – or those relatives that the law considers your closest relatives. If you have questions or concerns regarding how next of kin pertains to your inheritance rights, don’t wait to consult with an experienced Florida estate litigation attorney.    Determining Next of Kin If your loved one doesn’t have a will in place when they pa ..read more

A will establishes your last wishes regarding your estate – and your legacy – which makes it an important legal document. The State of Florida has exacting laws that regulate the execution of wills, and failing to follow them can result in a court declaring a will invalid. In Florida, a will must be recorded. If you have questions or concerns about your own will or as the custodian of a loved one’s will, it’s time to consult with an experienced Florida estate planning lawyer.  Recording a Will in Florida Florida has legal requirements in place that necessitate the recording of wills. The ..read more

Establishing mental incapacity for a person involves a careful evaluation of their ability to understand, retain, process, and communicate information necessary to make decisions. This assessment is crucial when seeking legal authority to manage their affairs on their behalf.  Important steps and considerations involved in the process will include: A medical evaluation by qualified professionals, such as doctors, psychiatrists, or psychologists, is essential to assess an individual’s mental health and cognitive abilities. Medical records, tests, and assessments will be used to determine ..read more

Under Florida inheritance laws, step-children are not considered legal heirs, meaning they do not have an automatic right to inherit from a person when they pass away.  If you want your step-children to inherit from you, you need to name them as beneficiaries in your will specifically. For example, if you leave “25% to my children,” your step-children might not inherit anything.  The term “my children” can be interpreted to mean biological children only. To avoid any confusion, it is important to name each of your step-children individually as beneficiaries in your will. Another way ..read more

Inheritance theft can be difficult to detect at first, but once it occurs, its effects can be devastating. If you are someone you know has been robbed of their inheritance, it’s important to know that there are laws in place that can protect you.   In Carlton v. Carlton, 575 So.2d 239 (Fla. 2d DCA 1991), the Second District Court of Appeal of Florida noted that Florida has long recognized the right to a cause of action for the tort of intentional interference with an expected gift or inheritance. It cited Dewitt v. Duce, 408 So.2d 216 (Fla. 1981), Watts v. Haun, 393 So.2d 54 (Fla. 2d ..read more

Trusts can be valuable because they offer protection for both property owners and their beneficiaries. Before the Trust Code was modified in 2007, a settlor had to make a disposition of property so that they were no longer vested with its full legal and equitable ownership, and a person will want to make sure they are working with an experienced Florida trust administration attorney. In Flinn v. Van Devere, 502 So. 2d 454 – Fla: Dist. Court of Appeals, 3rd Dist. 1986 – Google Scholar, the Third District Court of Appeal of Florida held that the failure of a settlor to execute a deed conveying t ..read more

Get the Help of an Experienced Florida Estate & Trust Litigation Lawyer With Your Will Estate litigation is never a desired outcome, but probate disputes happen fairly frequently, and some of the common causes of estate litigation include people challenging wills, alleged breach of fiduciary duty by an executor, or failure to collect past debts. There can also be questions about a person’s actions as a trustee or fiduciary, alleged fraud by an executor, trustee, guardian, or agent acting under a power of attorney, or other common disputes in the probate process. When a person needs to crea ..read more

When a family member has passed away, it can be an emotional, stressful period of time. In addition to grieving, you may also need to help the decedent’s estate go through probate. The process of putting a will through probate, or, if there was no will, working with the probate court is complex and can take anywhere from months to years, depending on the size of the estate and any hurdles encountered along the way.  Under Florida law, you are required to hire an attorney to assist you with the probate process in most situations. An attorney is not legally required in the following situati ..read more

What Is Probate? Probate is a legal process that occurs when someone passes away. The probate process validates a will (if there is one) and works to distribute the decedent’s assets in the appropriate manner. The probate process can take anywhere from months to years and is really dependent upon how complex the estate at hand is. Throughout the probate process, there are several processes, procedures, and deadlines that may feel complex and overwhelming. At these points are where a probate lawyer comes into play. What Is a Probate Lawyer and What Do They Do? A probate attorney is an attorney ..read more