Category Archives: Probate And Estate Litigation
Do You Have To Probate Out-Of-State Property Owned by a Florida Resident?
If a Florida resident dies with a vacation home, rental property, or other property elsewhere, loved ones are often left wondering whether they have to probate such property and, if so, where the probate process happens. Generally, Florida courts do not have the authority to probate property located out of state. A second proceeding,… Read More »
Can a Probate Judge Reverse a Previous Judge’s Final Order?
A probate case can outlast the judge who first handled it. Judges retire, transfer, take leave or even leave the bench, and a successor judge may take over the case. In that case, does it mean the new judge gets a clean slate? Generally, no. When a prior judge has entered a final, appealable… Read More »
Can You Contest a Will if You Were Not Directly Named in It? Understanding Standing in Florida Probate
Contesting a will can be complex, especially if you find yourself in a situation where you are not directly named in the document. A recent Florida appellate decision illustrates how complicated this question can be when an earlier estate plan, a separate agreement, and potential financial consequences all overlap. In this case, the court… Read More »
How To Appeal a Will Contest Decision in Florida
A Florida court has ruled against you in a will contest, perhaps admitting a will to probate or rejecting your challenge. While the court may have got it wrong, on appeal, you’ll be required to show more than that the result was unfair. You need an appealable order and an error that affected the… Read More »
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 »
