Category Archives: Probate And Estate Litigation
Can You Contest a Will if You Were Disinherited?
Discovering that you’ve been left out of a loved one’s will can be both surprising and upsetting. In many cases, a person expects to inherit because they are a child, a close relative, or were included in an earlier will. However, finding out you’ve been disinherited doesn’t automatically mean the will is invalid or… Read More »
Can Beneficiaries Demand Cash Instead of Property: Understanding In-Kind Distributions in Florida Probate
In-kind distributions allow beneficiaries to receive estate assets rather than having those assets sold and the proceeds divided. For example, if a decedent’s estate includes real estate, securities, business interests, or other property, beneficiaries receive it in its existing form. Florida law generally favors distributing assets in mind, but a decedent’s will may give… Read More »
Understanding Deathbed Marriages in Florida
Oftentimes, our loved ones fall ill or reach an advanced age where their mental capacity diminishes. This makes them prey for people pretending to love them or care for them, while their motive is to gain a quick inheritance after their death by pressuring them into marriage. If you believe your loved one may… Read More »
How Long Does Florida Give You To File Probate After a Loved One Passes Away?
The days following a loved one’s passing away are never easy, especially when families are also expected to handle court matters, deadlines, and financial issues. Unfortunately, for many families in Florida, probate becomes a crucial process shortly after someone passes away. One of the most common questions people ask is: How long do you… Read More »
Last-Minute Will Changes and Testamentary Capacity in Florida: What Does the Law Say?
Families don’t usually expect to end up in probate court fighting over a loved one’s final wishes. However, disputes can happen when an elderly or medically vulnerable person suddenly changes a will, cuts someone out, or signs estate documents during a period of declining health. In Florida, that is where claims of undue influence… Read More »
Understanding Formal vs. Summary Probate in Florida
Losing a loved one is never easy, and dealing with the probate process afterward can create additional stress. In Florida, probate is the legal process for distributing a deceased person’s assets to beneficiaries. There are two main types of probate proceedings: formal administration or summary administration. While both processes ultimately serve the same purpose,… Read More »
Who Qualifies as an ‘Interested Person’ in Florida Probate Litigation? Lessons From a 2025 Case
If you are involved in a Florida probate case, one of the first legal phrases you’ll hear is “interested person.” Only interested persons can challenge a will, object to a personal representative, or even ask the court to intervene in how an estate is being handled. So, the question then becomes, who actually qualifies… Read More »
Can a Personal Representative Be Held Personally Liable Beyond the Value of the Estate for Breach of Fiduciary Duty?
Handling an estate is a legal responsibility. A personal representative, whether named as an executor under a will or appointed by the court as an administrator, is usually trusted to gather assets, pay debts, and distribute what remains according to Florida law. However, when that responsibility is mishandled, problems can arise. If beneficiaries and… Read More »
How To Tell if a Will Is Invalid Under Florida Law
Just because your loved one created a will, it doesn’t mean it will be treated as the final word on how their estate should be treated. Small mistakes or serious concerns about how the will was created can lead to disputes in probate court. If something is off, it may be worth taking a… Read More »
Which Assets Must Go Through Probate in Florida, and Which Ones Don’t?
When someone passes away, their estate may go through probate, a court-supervised process that oversees and distributes a deceased person’s property. A common misconception is that every asset automatically becomes part of probate after someone dies. In Florida, however, some assets pass straight to beneficiaries without court involvement, while others must go through probate… Read More »
