Category Archives: Probate And Estate Litigation
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 »
What Happens to Assets Not Listed in a Florida Will?
Discovering that a loved one left behind assets not mentioned in their will can leave you confused. You probably assumed the Will covered everything, only to realize certain accounts, property, or valuables were never listed. This situation is more common than most people think. People open new accounts, purchase property, and forget to update… Read More »
When Can You Reopen a Closed Probate Estate? A Legal Guide
Closing an estate can feel like the end of a long, complicated journey. Finally, all the accounts are settled, debts paid, and the court has signed off on the final order. But what happens if you later discover a forgotten bank account, an overlooked investment, or a rightful heir or beneficiary who never received… Read More »
Do Step-Children Inherit Under Florida Law?
Blended families are becoming more common in Florida. That comes with a question we often get in probate disputes: Do stepchildren inherit under Florida law? The answer can be surprising and even upsetting, especially where a step-parent helped raise children for years. When an estate goes through probate, unfortunately, the law doesn’t look at… Read More »
What Happens if You Don’t Object to a Will in Time in Florida?
When a loved one passes away, it can be a very emotional time. At the same time, you have to deal with probate proceedings. You might review a will and notice that something is off, or even learn that there is a newer version that tells a very different story. In Florida, timing matters… Read More »
Can a Copy of a Last Will and Testament Be Admitted To Probate in Florida?
Sometimes, a loved one passes away, and while everyone knows they had a Will, the original document cannot be found. Maybe it was misplaced, accidentally destroyed, or the testator didn’t store it securely. This situation can create confusion and stress during an already difficult time. In Florida, the law generally requires the original will… Read More »
Executor Misconduct: Warning Signs the Person in Charge Is Mishandling the Estate
If you are named as a beneficiary in a will, the assets left to you may have to pass through probate before they can be distributed. During the probate process, an executor is responsible for safeguarding the estate property, paying debts, and carrying out the deceased person’s wishes. This role carries strict legal duties… Read More »
