As estate attorneys, we often encounter a situation where a person is deceased and the original of their Last Will and Testament cannot be found. Often, the family suspects that the original has been lost or misplaced--not that it was intentionally destroyed by the...
Complex Legal Challenges
Probate
Resolving Creditor Claims in Florida Probate
When a Florida resident dies and owes creditors (such a credit card balances or medical bills), Florida probate procedures establish a mechanism to resolve those creditor claims. The process starts by having the Personal Representative of the estate sign a document...
In a Florida Probate, What is a Caveat?
A "caveat" is a notice which can be filed with a Florida probate court which gives notice that certain actions may not be taken without informing the person who gave the notice. Florida law provides that any interested person who is apprehensive that an estate,...
What is Probate Litigation?
In Florida, probate is a court proceeding which administers a deceased person's estate. It may be done either testate--with a Will--or intestate--without a Will. The probate process is usually referred to as "administration" of the estate. However, in addition...
Proving Undue Influence in Florida Will Contests
A "Will contest" is an action to challenge the validity of a Last Will and Testament. In Florida, perhaps the most common basis for challenging a Will is grounded on allegations of "undue Influence." Undue influence, such as would void a Will, has been defined to...
Does Life Insurance Go Through Probate?
As a probate and estate attorney, I'm often asked whether life insurance goes through or is subject to probate. The answer is usually "no." Life insurance is one of those assets that does not normally go through probate. This is due to the fact that the policy names a...
In Florida, Can I Leave My Estate To Whomever I Choose?
As an estate planning lawyer in Florida, I'm often asked by clients if they can leave their estate to whomever they choose. For the most part, a person can leave his or her estate to whomever they choose but there are some exceptions. Florida has certain laws...
The Flight Went Down: What Happens with a Simultaneous Death?
In today's modern age, we have the benefit of amazing technology. We can fly half-way around the world in less than a day. We can travel virtually anywhere by "planes, trains and automobiles." However, this technology also comes with risks especially when persons,...
Getting Away with Murder? Not under Florida Probate!
Like many states, Florida's probate code includes a "Slayer Statute" located at Section 732.802, Fla. Stat. This statute provides that persons who intentionally kill, or procure the killing, of another person may not receive benefits under the deceased person's Will....
Is Court Approval Required to Settle a Minor’s Claim in Florida?
In Florida, the TV advertising lawyers talk a lot about settling cases. What you do not hear much about is whether, or when, settlement of a case must be approved by a court. Attorneys handling probate matters often are asked to assist in getting court approval when...