Category Archives: Estate Trust Litigation
Can a Florida Will Be Used to Administer a Non-Florida Estate?
Making a will is a matter of state law. Here in Florida, a resident must follow certain requirements to execute a valid will. This includes having the testator sign their will (or directing someone to sign it in their presence) and having at least two witnesses present to acknowledge and attest to that signing…. Read More »
Who Has Priority to Serve as Executor of a Florida Estate When There Is No Will?
While it is always a good idea to have a last will and testament, there are many reasons why a person might die with no will. For instance, if a young person dies suddenly in an auto accident, there is a decent chance they did not have the forethought to make a will. In… Read More »
Why a Person’s “Domicile” Matters in a Florida Trust Dispute
A person’s domicile is where they live and consider their primary address. Domicile plays an important role in the estate and trust administration process. For example, when someone dies, their domicile determines where their probate estate will be administered. Many people live in Florida without being legally domiciled here, in vice versa. If you… Read More »
Do Florida Probate Estates Need to Worry About Estate Taxes?
If you are a Florida resident thinking about their long-term estate planning, or the recently named personal representative of a Florida probate estate, you may be wondering about the potential impact of the estate tax, a/k/a the “death tax.” Will the estate have to make a massive tax payment to the federal government? And… Read More »
Do You Have to Comply With Your Own Rules for Amending Your Trust?
Under Florida law, the settlor of a revocable trust can revoke or amend said trust at any point during their lifetime. The trust instrument itself may specify a method for revoking or amending the trust. In such cases, Section 735.0602 of the Florida Statutes requires “substantial compliance” with that method in order for the… Read More »
What Happens When a Personal Representative or Trustee Fails to Follow a Florida Probate Court’s Orders?
When someone agrees to serve as the personal representative of a Florida probate estate, they assume certain legal obligations. This includes following any orders or directions given by the probate court. Failure to follow the court’s orders can lead to the personal representative’s removal and potential liability for breach of fiduciary duties. Florida Judge… Read More »
3 Ways a Florida Revocable Trust Will Not Protect You
Revocable trusts are commonly used in Florida estate planning as a means of shielding certain assets from the probate process. The basic idea behind a revocable trust is that you give certain assets to a trustee–who can be yourself during your lifetime–and that when you die, a successor trustee may continue to administer or… Read More »
What Actions Qualify as “Revoking” a Florida Will?
A last will and testament only becomes “final” when the testator dies. While they are still alive and legally competent, they can revoke their will at any time. The most common method of revocation is by writing. Typically, when someone executes a new will, it includes language expressly revoking any previous wills. But Florida… Read More »
How Do You Appraise the Value of a Florida Probate Estate?
The personal representative (executor) of a Florida probate estate must fulfill many duties under the law. One of them is to properly inventory the estate. Essentially, this means gathering all of the property that belonged to the decedent–and is not exempt or excluded from probate–and file a list with the court listing each asset… Read More »
When Does a Fiduciary Duty Exist Under Florida Law?
A common cause of trust and estate litigation in Florida is breach of fiduciary duty. A fiduciary duty means that one person has a legal obligation to act in a way that will benefit another person financially. To give a simple, non-probate example, the director of a business corporation has a fiduciary duty to… Read More »