Category Archives: Estate Trust Litigation
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 »
What Happens If Property Is Found After An Estate Has Been Closed?
The main function of the probate process is to gather and distribute assets that belonged to a deceased individual. Once the personal representative has completed administration of the estate–i.e., all debts and expenses are paid and the remainder distributed to the beneficiaries–the estate is formally closed and the probate court discharges the personal representative… Read More »
Can A Trust Beneficiary Object To The Administration Of A Related Probate Estate?
Many Florida residents create both a revocable trust and a will as part of their estate plan. It is also common practice, though certainly not necessary, to name the same person or persons as trustee and personal representative. This enables the same individual (or individuals) to oversee the administration of all assets after the… Read More »
Fate Of Winslow Homer Painting Tied Up In Florida Probate Court
There has been a lot of buzz in the press recently about non-fungible tokens (NFTs), a method of recording title to an object using blockchain technology. Many people believe that NFTs are the future of digital art collecting. But for now, traditional art collecting of physical paintings remains a big business–as do legal disputes… Read More »
How Leaving No Will Can Lead To Legal Problems
Many people die without leaving a valid will. When this happens, state law determines who will inherit the deceased person’s property. This is known as intestate succession. On paper, it is not a difficult process in most cases. For instance, if you died unmarried with three adult children and left no will, Florida’s law… Read More »
What Florida’s Amended “Revocation Upon Divorce” Rule Means For Trust And Estate Law
Since the 1950s, Florida law has included provisions for automatically cutting a person’s former spouse out of a will made prior to the divorce. This is obviously to prevent a situation where a person forgot to update their will after the divorce and potentially leaving their ex as personal representative and/or a beneficiary of… Read More »