Monthly Archives: February 2022
Fight Over Divorce Settlement Continues After Both Parties Died
A divorce is meant to be a final resolution of any outstanding financial issues between the former spouses. Of course, that is not always the reality. Many ex-couples spend years continuing to litigate against one another–and in some cases, even their estates may continue the fight long after they are gone. Consider this recent… Read More »
What Happens When Someone Steals An Estate Asset By Forgery?
The personal representative of a Florida probate estate is responsible for gathering all of the estate’s assets. This may include taking steps to recover property that may have been wrongfully taken from the decedent during or after their lifetime. Such steps may include initiating civil litigation on behalf of the estate outside the regular… Read More »
The Importance Of “Permanent Residence” In Florida Probate Cases
The probate of a deceased person’s estate is a matter of state law. It therefore matters where the deceased person lived–or made their residence–at the time of their death. While this is often not a difficult thing to determine, it may be complicated if the deceased owned residences or property in multiple states. For… Read More »
How Florida’s Constitution Restricts Your Ability To Devise Your Primary Residence Via Will
In most cases, a person is free to dispose of their property as they choose when making a will. There is one notable exception, at least in Florida. A Florida resident’s homestead property–that is, their primary residence–is subject to certain constitutional and statutory restrictions when it comes to inheritance. Basically, if you have a… Read More »
Is Challenging A Provision In A Will The Same Thing As “Contesting” The Will?
If a person wishes to contest the validity of a will, they must act promptly. Under Florida law, an interested person normally has just three months to file an objection, starting from when they are actually served with a notice of administration with respect to the probate proceeding. Any challenge filed after the expiration… Read More »