Category Archives: Estate Trust Litigation
What Is A Lady Bird Deed?
A common estate planning scenario involves a parent who wants to leave their home to their adult children without the need for probate. One option would be to create a revocable trust and transfer the home into said trust. But for people who do not want to bother with the time, expense, or ongoing… Read More »
How Does The Family Allowance Work In A Florida Probate Estate?
A formal probate proceeding often takes several months to complete. During this time, the decedent’s assets remain under the control of their estate. This can make it difficult for the decedent’s surviving spouse and dependents (i.e., children) to pay their basic living expenses. For this reason, Florida law authorizes the estate to pay a… Read More »
Marvel Lawsuit Against Artists’ Estate Highlights Issue Of Copyright After Death
Fans of the Marvel Cinematic Universe recently took note of a lawsuit filed by Marvel against the estates of several deceased comic book artists. The lawsuit was prompted by an obscure provision of U.S. law that allows authors–and their probate estates–to reclaim copyrights that were previously assigned to a third party. Marvel, a subsidiary… Read More »
What Do I Do If I Suspect Will Forgery?
Many people are surprised, if not shocked, to learn that they inherited nothing from a family member’s estate. In some cases the excluded family member may suspect the will itself was forged or tampered with in some way. Although will forgery is rare, it does happen. So what steps should you take if you… Read More »
What Are The Different Types Of Fiduciaries In Florida?
A fiduciary is someone authorized to act on behalf of another person in some capacity. When it comes to probate estates, trusts, and guardianships, there are a number of different kinds of fiduciaries who may be responsible for administering someone else’s property. The terminology is often confusing to family members who are inexperienced with… Read More »
How Delays In Appointing A Personal Representative Can Affect An Estate’s Legal Claims
The appointment of a personal representative is a crucial step in establishing a probate estate’s control over a deceased person’s assets. Keep in mind, probate assets are not just limited to property that was in the decedent’s possession on the date of their death. There may also be monies owed to the decedent that… Read More »
Does A Subsequent Marriage Or Divorce Revoke A Will?
When a person makes a last will and testament, that document remains in force until either (1) the person dies and the will is filed for probate or (2) the will is legally revoked. Revocation can be accomplished either through physically destroying the original will or by signing a written document–including a superseding will–that… Read More »
Is A “Payable On Death” Account A Probate Asset?
One way to keep certain assets out of probate is to title them as “payable on death” (POD) to a beneficiary. POD designations are commonly used in connection with bank accounts. For example, let’s say Judith wants to leave her checking account to her son Ryan. Instead of leaving him the account in her… Read More »
What Is The Role Of A Guardian Ad Litem In Probate Litigation?
In probate litigation, there are often situations where a court will appoint a guardian ad litem (GAL). A GAL is basically an individual who represents the interests of someone who cannot legally speak for themselves, such as a deceased person (i.e., a decedent), a minor, or a living incapacitated adult. A GAL is not… Read More »
What Is The “Inheritance Tort”?
If a will is procured by fraud or duress, a Florida probate court can invalidate the document in whole or in part. But what about a situation where a potential beneficiary claimed it was denied a promised inheritance due to a third party’s fraud or duress? Can that third party be held legally responsible… Read More »