If you have a living trust in place as part of your estate plan or are thinking about establishing a living trust, you may also wish to create a pour-over will. Pour-over wills are useful if you don’t want to place all of your assets into a living trust at one time. A...
Get Out Ahead Of Your Issue
— Call Us Today
Planning. Preparation. And Acting With Purposeful Intent.
Firm News
Probate litigation and family businesses
With every will, there is a possibility that the heirs may disagree with the allocation. When assets are significant or livelihoods at stake, such as with shares or control of a family business, the likelihood of probate litigation grows. Under normal circumstances, a...
What does the term “probate” mean in Florida?
Most people have heard the term “probate” but it is surprising how many don’t really understand what it means. In Florida, the term “probate” has several meanings depending on the context in which the term is used. First, probate is the judicial process whereby a Last...
Can A Will or Trust Require Arbitration of Disputes in Florida?
If you’re ever entered into a contract, one provision that you may have seen is one requiring that any disputes involving the contract must be resolved through arbitration. In some cases, but certainly not all, arbitration can be less protracted and less expensive...
Why don’t people plan?
Everyday we do things to protect ourselves, our family and loved ones, and our property. Before going to bed at night, most people check their doors to make sure that they’re locked. Some of those people also set their security alarm. They do this to protect against...
Beware! Service of a Notice of Administration May Require Action
In our probate practice, we commonly have clients come in after having received certain probate papers. Usually, this is because there has been a death of a loved one and someone is trying to open a probate. Often among those papers served there is a document entitled...
“Myth-Understandings” About Estate Planning
As estate planning attorneys with over thirty-five years combined experience in Florida, we often wonder why so many people neglect having their estate planning documents in order. Surely, they want to protect themselves and their loved ones in the event of illness,...
What is a Plenary Guardian in Florida?
Under Florida law, there are several different kinds of Guardian that can be appointed by a court. Section 744.102 (9), Fla. Stat. defines a “Guardian” as a person who has been appointed by the court to act on behalf of a Ward’s person or property, or both. As the...
The Role of “Active Procurement” in Challenging a Florida Will
In Florida, when a person wishes to challenge a Last Will and Testament, one of the most frequent grounds alleged is “undue influence.” One common definition of undue influence is excessive persuasion that causes another person to act or refrain from acting by...
Who is an “Interested Person” in a Florida Probate?
Throughout the Florida Probate Code (contained in Chapters 731-735, Fla. Stat.) and the Florida Rules of Probate Procedure, the term “interested person” is frequently used for purposes of deciding a number of important rights or obligations. In many instances, only an...