Complex Legal Challenges
After the grantor or settler of a Trust dies, the successor Trustee has certain administration duties which must be fulfilled. One such duty is to file a document known as a "Notice of Trust." The Notice is filed with the probate court of the county of the settlor's...
In the estate planning law practice, we often see clients and prospective clients who mean well and intend to get their estate documents in order. Unfortunately, all too often the intentions do not amount to "follow-through" and the price can be significant. This is...
When a Florida Statutes Section 733.212 sets forth certain timeframes which are triggered by service of the Notice of Administration. For example, any interested person on whom a copy of the Notice is served who challenges the validity of the will or any codicils,...
One benefit of forming an LLC in Florida is that the ownership interest of the LLC members can be protected, at least in part, from the claims of the member's creditors. However, this protection only extends to an LLC which has more than a single member. Understanding...
A Pre-Nuptial Agreement (also sometimes called a Pre-Marital Agreement) is a contract between two prospective spouses setting forth their rights in two main scenarios: 1) if they marry and later divorce; and 2) if one spouse dies while the parties are still married....
When mediation is conducted, one of the first things that happens is that the parties and the mediator have an discussion about mediation in general and about the case in particular. That initial meeting is sometimes conducted with everyone in the same room together...
If a person dies in Florida leaving a spouse or dependent lineal heirs, those persons may need financial support while the probate is pending. Since probate can take in excess of a year, this can impose a significant financial burden on the spouse or heirs. So, can...
In most areas of civil law in Florida, mediation has become the norm before a case can proceed to trial. As a result, understanding the mediation process can be useful to anyone involved in a civil court proceeding. This includes cases involving personal injury,...
When someone dies in Florida, assets or property they own can be transferred in several different ways and via several different means, only one of which involves a Will or Trust. This blog will consider several of these different means and how they relate in...
Sometimes when a person dies, the spouse or other family know what assets or property the person owned. These could include anything from real estate to bank accounts, stocks to home furnishings, even pets to stamp collections. However, experienced probate attorneys...