FL Probate Blog

The Law Offices of Adrian Philip Thomas

Typically, when the Supreme Court of the United States announces a new Rule of Federal Constitutional Law dealing with due process, the new Rules are applied retroactively.  However, Florida probate courts are left with the power and discretion to carve


READ MORE

THE CONFUSING LAW OF WILL SUBSTITUTES

“Many legal doctrines today appear jarringly, carelessly, almost randomly out of harmony with one another.  The chaos has gone largely undetected and hence, has continued to swirl unimpeded.  But it is there to


READ MORE

 

There are several scenarios that we are presented with wherein the appointment of a curator (or neutral fiduciary) is warranted for the administration of an estate.  However, what happens when the alleged tortfeasor (whether a brother, sister, step-mother, etc.) has


READ MORE

We have previously written entries regarding Fla. Stat. §733.702 and the time limitation for filing a creditor claim in an estate proceeding.  This time limitation includes a claim founded upon the wrongful act of the decedent where the decedent’s estate


READ MORE

Misrepresentations by Tortfeasor During Mediation: Fool Me Once…

So you’ve sued someone for undue influence, tortious interference with expectancy of inheritance or a similar tort grounded upon fraud. It is well-settled in Florida that such causes of action are based upon


READ MORE

How long does a creditor have to file a claim in the probate estate?

Many clients ask how long it takes for an estate to be completely administered.  The answer is: it depends. One of the several factors that will affect


READ MORE

Part II

As we’ve previously written about on this blog, while one of the pleading requirements for a Will Contest or Trust Contest in Florida is a general allegation in the complaint that the contestant renounces any benefit he or she receives


READ MORE
Pages: