FL Probate Blog
Category: Estate Litigation
Can we agree to something else?
The law in Florida is clear in its intentions to protect a surviving spouse from being disinherited. Fla. Stat. 732.201-732.2155 specifies the applicable rules for a surviving spouse to claim the elective share, which essentially
Florida Statute 732.501 requires, amongst other things, that the testator be “of sound mind” when executing the Will. Testamentary capacity means the ability to understand generally the nature and extent of one’s property, the relationship of those who would be
FLORIDA APPELLATE COURT RULES SUCCESSOR PERSONAL REPRESENTATIVE IS ALLOWED TO SUE A FORMER PERSONAL REPRESENTATIVE’S ATTORNEY FOR MALPRACTICE
Bookman v. Davidson, — So.3d —-, 2014 WL 1772707 (Fla. 1st DCA May 05, 2014)
A lawsuit was filed in Florida alleging the initial
ORAL AGREEMENTS SUFFICIENT UNDER FLORIDA LAW TO DIVIDE INHERITANCE FROM PARENTS
Can siblings verbally agree to divide an inheritance prior to their parent’s or grandparent’s death? The answer in Florida is Yes.
In is widely accepted that in order for an agreement
by Adrian Thomas
When can a mediated settlement agreement be set aside?
The First District Court of Appeal recently decided Pierce v. Pierce (In re Estate of Pierce), 2013 Fla. App. LEXIS 19597, 2013 WL 6438955 (Fla. Dist. Ct. App. 1st Dist.
We speak with clients everyday who worry that estate trust assets are going to waste or being actively misappropriated. Some cases involve breach of fiduciary duties, while others may involve fraud or undue influence in the inception.
Many families, upon the death of a loved one, along with dealing with the obvious associated pain, also unfortunately are presented with the situation where they believe that there may have been questionable circumstances involved in the process of the
The Florida Trust Code continues to grow and respond to the suggestions of the Florida Bar and Florida Trust Lawyers. A recent example is the recent enactment of Senate Bill 492 which made a number of changes
A valid spendthrift provision prevents a beneficiary from transferring his or her interest in the trust as well as prevents creditors or assignees of the beneficiary from reaching any of he trust funds until they are dispersed to the beneficiary.
Remedies Available in Florida Courts
Tortious interference with an inheritance is a relatively new but widely recognized tort that is currently accepted in Florida and half of the United States. Many other states have reported cases from their state Supreme Court