Complex Legal Challenges
When a Florida resident dies without a Will, and has a spouse, the intestate share of the surviving spouse depends on the make-up of the decedent's descendants--children, grandchildren, etc. If a person dies without a Will in Florida, it means that they died...
In Florida, if there are beneficiaries of an estate other than the Personal Representative, then the Personal Representative must have an attorney. In Florida, when the beneficiaries of the estate includes persons other than the Personal...
In Florida, a person has three months after receiving the Notice of Administration within which to object to a Last Will and Testament. In Florida, a Will can be challenged only after the death of the Testator or Testatrix (the person who signs the Will). After a...
Most often, contesting a Will in Florida, as in most states, is based on allegations of undue influence, fraud, duress, or mistake. In Florida, a Will cannot be challenged until after the death of the testator or testatrix--the person making the Will....
In Florida as in most states, a Trustee has a fiduciary duty to administer the Trust according to the terms of the Trust. This is an extremely high standard of care. A trustee is an individual or entity that holds property for the benefit of another. Trustees are...
A Personal Representative has many duties that must be carried out in accordance with Florida Probate Law. These duties include gathering estate assets, determining and resolving estate liabilities, paying any taxes, distributing the estate assets to beneficiaries and...
Many times when a person dies in Florida, family members may ask whether the person's Last Will and Testament is recorded anywhere. In most instances, a Will is not recorded while a person is living. In most instances, Florida attorneys do not...
In Florida, there are two types of probate: summary administration and formal administration. These are also known as summary probate and formal probate. In Florida, there are two types of probate: summary administration and formal administration. A summary...
There are at least three situations where probate is required in Florida. An experienced Florida estate lawyer will advise that there are at least three situations where probate is required in Florida. 1. Property is titled in the deceased person's sole name....
For any assets which the deceased person owned jointly with a person other than their spouse, the decision whether probate is necessary depends on the way title or ownership is held. If the assets are title with ownership as "Joint Tenants with Rights of Survivorship"...