Not uncommonly, we have prospective clients come into the office after a loved one has died. Their request is often simple...for example:"I need a deed to put Mom's house into my name. Her Will says I'm supposed to get it. Can you prepare that deed for me?"...
Complex Legal Challenges
Probate
What is an “adversary proceeding” in Florida probate?
In Florida probate, certain types of disputes are considered adversary proceedings. This designation has several implications, including that fact that the Florida Rules of Civil Procedure apply. In effect, an adversary proceeding proceeds as if it were a civil...
Why does probate of a Florida estate take so long?
In Florida, probate is a court proceeding whereby a deceased person's final affairs are resolved and assets are distributed. There are two types of probate in Florida: summary administration and formal administration. In a summary probate, estate assets must not...
Voluntarily Filing Probate to Resolve Creditor Claims
With effective estate planning, probate in Florida can almost always be avoided. This can be accomplished by establishing a Living Trust (also referred to as a "Revocable Trust") and transferring assets into the Trust before death. Avoiding probate may also be...
In Florida, does a surviving spouse have a right to inherit from their deceased spouse?
As an estate planning lawyer, I sometimes have a client ask whether they are entitled to inherit from their spouse. In other words, can their spouse cut them out of an inheritance? For the most part, the answer is that one spouse cannot be "written out" altogether...
Contesting a Will or Trust as a Result of Undue Influence in Florida
In Florida, a Last Will & Testament or a Trust can be contested for a number of reasons, including fraud, duress and undue influence. In the case of undue influence, if a substantial beneficiary under a Will or Trust occupies a confidential relationship with the...
In Florida Probate: Who gets paid and in what order?
When a person dies and a probate is opened in Florida, expenses and claims of creditors get paid in a certain order. This becomes especially important to understand when there are not enough assets (i.e. money) to go around. Section 733.707 of Florida Statutes...
Does Having a Will Avoid Probate in Florida?
One of the most common misconceptions I run into as an estate planning lawyer is that many people think that if they have a Last Will and Testament in Florida, probate will not be necessary. The reality is that a Will sets forth the deceased person's wishes--such as...
What are Letters of Administration and How Do I Get Them?
Quite commonly, after their loved one has died clients come to us as estate attorneys and they tell us that a bank or other financial institution is asking for "Letters of Administration." When that happens, the client will ask us how do they get such...
What is Ancillary Probate Administration in Florida?
In Florida, it is not uncommon for persons to own real property or other assets in the state while not being residents of the state. Each Winter, residents of northern states travel to their Florida properties to spend the cold months in Florida's warm weather. Many...