Monthly Archives: March 2026
What Is the Federal “Probate Exception”?
Probate litigation is generally a subject reserved to state courts. This is, quite simply, because probate is a matter of state law in the United States. Yet there are probate disputes that sometimes implicate questions of federal law or jurisdiction. Does this mean that federal courts can also hear and decide probate litigation? Keeping… Read More »
When a Deed Is Forged: Legal Consequences and Remedies Under Florida Law
A property deed is supposed to be one of the most reliable documents in a real estate transaction. It formally transfers ownership and is part of the public record. But what happens when a deed is forged? Forged and fraudulent deeds have become a growing concern in Florida’s real estate market. When someone falsifies… Read More »
The Role of a Trust Protector in a Florida Revocable Trust
A trust typically involves three parties: a grantor, a trustee, and a beneficiary. In the case of a Florida revocable living trust, the same person often fills all three of those roles initially. That is, a person acting as their own grantor funds a trust where they serve as trustee and administer the trust… Read More »
Probate Disputes in Florida: Understanding Mental Capacity and Evidentiary Presumptions
Contesting a will is a common part of Florida probate law. One of the most frequent grounds for challenge is mental capacity. Generally, the argument is that the person who signed the will wasn’t mentally capable of making informed decisions about their estate. Proving this isn’t always easy because you have to show that… Read More »
Does a Florida Landlord Have to Explicitly Notify a Tenant of a Breach?
Residential and commercial leases typically contain detailed language specifying what will happen in the event of a default or breach by either the tenant or the landlord. It is crucial for both sides to understand and follow any notice requirements of such language precisely. Do not assume that the other party “knows what you… Read More »
Can You Withhold Rent for Repairs in Florida?
In Florida, there is a set of rules governing rental relationships under the Florida Residential Landlord and Tenant Act. The Act outlines what landlords must provide and what tenants must do in return. One of the protections this Act offers tenants is the right to safe, habitable housing. And that protection applies regardless of… Read More »
What Can You Do if You Believe a Parent Was Pressured Into Changing Their Will?
Sometimes, a parent’s Will surfaces after their death, and the details in it leave everyone stunned. Long-standing plans may have changed overnight, heirs may have been left out, or a new beneficiary may suddenly appear. When this happens, grief can quickly mix with confusion and suspicion. While people are free to distribute their assets… Read More »
How “Presumption of Testamentary Capacity” Impacts Florida Will Contests
A key legal hurdle to successfully contesting a will in Florida probate litigation is what the courts refer to as the presumption of testamentary capacity. Florida law requires a person making a will (i.e., the testator) be of “sound mind” at the time of execution. This is also known as “testamentary capacity.” Critically, the… Read More »
