client portal
  • Blue Forbes logo
  • AVVO 10.0
  • Top 100 Lawyers badge
  • Daily Business Review Newspaper
  • Legal Elite 2012 Badge
  • Top Rated Lawyers
  • The American Lawyer, Adrian Philip Thomas

Florida Probate Blog

Category: Estate Litigation

Florida Probate Creditor Claim

Written by on Jun 5, 2012| Posted in: Estate Litigation

Oftentimes people die owing money; this can be in the form of unpaid bills, loans, or other obligations.  Florida law is very specific regarding the procedure for submitting creditor claims against a decedent’s estate.  Under Florida Statute 733.2121, the Personal Representative of a Florida estate shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors.  Florida law further establishes deadlines for filing claims by creditors, as well the proper procedure for the Personal Representative to handle such claims. Recently, the Second District Court of Appeal reviewed a case where a creditor filed his statement of claim in the probate case over ten months after notice to creditors was first published, but two years to the day after decedent’s death.  The […]

read more

Creditor Claims Florida Probate

Written by on May 31, 2012| Posted in: Estate Litigation

CREDITOR CLAIMS IN THE FLORIDA PROBATE PROCEES             As is often the case, people pass away with a debt owed to another person or entity.  When this occurs, the proper manner for a creditor to collect on such a debt is to file a Statement of Claim in the decedent’s estate pursuant to Fla. Stat. §733.703.  The primary time limitation that creditors must be wary of stems from Fla. Stat. §733.702, which states that the claim must be filed within three (3) months after the time of the first publication of the notice to creditors (which is published by the personal representative near the commencement of the estate administration) or, if the creditor is a known and/or reasonably ascertainable creditor, thirty (30) days after being served with the notice to creditors.  Typically, the proper person to file an objection to any such claim is the personal representative.  However, under the […]

read more

Florida Will and Trust Dispute Lawyer

Written by on May 30, 2012| Posted in: Estate Litigation

FLORIDA WILL AND TRUST DISPUTE LAWYER AND LOST OR DESTROYED WILL OR TRUST PROCEDURE              As a Florida will and trust dispute lawyer, I frequently encounter situations where the original will or trust (or amendments thereto) is lost.  Often, after a loved one’s death, we are presented with situations where we only have photocopies of the will or trust to determine the intent of our loved one’s testamentary wishes.              The procedure and challenges faced within that procedure in the law were outlined in a recent case Smith v. DeParry, 37 Fla. L. Weekly 1070; 2012 Fla. App. Lexis 6880 (Fla. 2nd DCA 2D11-1851 2012).  In this case the decedent owned two dogs which were the subject of a lost will which had established a pet trust for the health, care and welfare of the dogs.  The Florida will and trust dispute lawyer who represented the personal representatives of the estate, filed the documents […]

read more

Florida Will & Trust Dispute Lawyers

Written by on May 29, 2012| Posted in: Estate Litigation

RECOVERY OF ATTORNEY’S FEES TIMING FOR APPEAL AND CONSIDERATIONS BY FLORIDA WILL AND TRUST DISPUTE LAWYERS              As a Florida Will and Trust dispute lawyer, situations are frequently encountered where a request has to be made to the court for payment of attorney’s fees.  These requests are made by the will dispute lawyer on behalf of a Will executor, executrix and/or Trustee in order to secure payment of the will or trust dispute attorney’s fees from the estate or trust.   Sometimes a court will determine that the lawyer’s services have benefited the trust or estate, and sometimes the court will determine they have not.  Other times, a court will determine that the fees requested are not reasonable or not in conformity with community standards.  When a will and trust dispute lawyer receives a negative ruling on behalf of his or her client, an appeal is often the next legal maneuver.  […]

read more

Florida Will Dispute Lawyer

Written by on May 23, 2012| Posted in: Estate Litigation

  A Florida Will Dispute Lawyer handles challenges to Wills based on many grounds.  For example: Execution Formalities – is the Will is executed properly?  This question is always the first one to ask because it is much easier (and consequently less expensive) to attack a Will on a technical mistake in execution than it is to prove undue influence or lack of capacity.  Florida Statutes set forth clear requirements for execution of a Will. Lack of Testamentary Capacity – was the testator“of sound mind?” Did he or she understand generally 1) the nature and extent of his property, 2) the relationship of those who would be the natural objects of his bounty (heirs), and 3) the practical effect of a Will?  Undue Influence – was the testator’s mind was so controlled by persuasion, pressure and outside influences that he or she did not act voluntarily but was instead subject to the will (meaning “will […]

read more

Florida Will Reformation

Written by on May 8, 2012| Posted in: Estate Litigation

Florida Will Reformation Can a Will be changed after death? While Florida law provides for challenges to the probate of Wills under theories such as duress, improper execution, undue influence, and incompetency, beneficiaries and other interested persons of a Last Will and Testament now have a new way to change a Will after death.  Effective July 1, 2011, Florida Statute 732.615 (“Reformation to correct mistakes”), allows for modification of a Last Will and Testament where a mistake of fact or law needs to be corrected in the written Will.  This Florida law can be used by beneficiaries of a Will in instances where a specific gift in the Last Will and Testament is a mistake; such a situation may arise with regards to the amount of a specific bequest.  Perhaps the decedent’s intention was to provide $50,000 to a grandchild but the Last Will and Testament offered for probate instead […]

read more

How do I contest a Will in Florida?

Written by on May 7, 2012| Posted in: Estate Litigation

How do I contest a Will in Florida? Our office receives communications nearly every day from people asking “how do I contest a Will in Florida?” As with most questions in the law, the answer is “it depends” and it largely depends on the basis for contesting the Will.  Is it because you know the decedent executed a more-recent Will?  Is it because the Will filed was executed improperly?  Is it because the decedent who made the Will lacked capacity at the time it was made?  Is it because the decedent who made the Will was being unduly influenced by someone when it was made?  Sometimes it is appropriate and sufficient to file an Objection to the Petition for Administration or to the Petition to Admit Will but sometimes a law suit (Complaint) challenging the Will is necessary. The best answer to the question “how do I contest a Will […]

read more

Debt Forgiveness and Creditor Claims

Written by on Mar 19, 2012| Posted in: Estate Litigation

Is a decedent permitted to forgive debt owed to him when his estate is insolvent to pay the debts and costs of administration?  According to Florida’s Fifth District Court of Appeals, the answer is “no.” In Lauritsen v. Wallace, 67 So.3d 285 (Fla. 5th DCA 2011), the decedent father had included a provision in his Last Will & Testament forgiving his son’s debt to the father, which was secured by a promissory note.  The decedent’s estate was insolvent so the Personal Representative asked that the note be included as an estate asset.  The trial court held that the debt was forgiven at the instant the decedent died so it could not be considered an asset.  The appellate court disagreed. This was a case of first impression in Florida.  The Court noted that “there are no Florida cases that address the question of whether the release and forgiveness of an obligation […]

read more

Adrian Thomas Attorney

Written by on Mar 8, 2012| Posted in: Estate Litigation

Adrian Thomas Attorney Attorney Adrian Thomas is a shareholder and senior partner of a boutique, nine-attorney law firm located in Fort Lauderdale, Florida. He has resided in Florida for the past thirty years and has practiced law in Broward County for the past 18 years. Adrian Thomas is “AV” rated by Martindale Hubbell and has been selected as one of Florida’s Legal Elite by Florida Trend Magazine in 2008, 2009, 2010 and 2011.  Attorney Adrian Thomas concentrates his practice in estate litigation, both prosecuting and defending, which includes matters involving estates, trusts, probate, and guardianship. He represents clients with disputes throughout the State of Florida.

read more

Adrian Philip Thomas

Written by on Mar 3, 2012| Posted in: Estate Litigation

Attorney Adrian Philip Thomas is a shareholder and founding partner of the Law Offices of Adrian Philip Thomas, P.A., a boutique, nine-attorney law firm located in Fort Lauderdale, Florida. He has resided in Florida for the past thirty years and has practiced law in Broward County for the past 18 years. Mr. Thomas is “AV” rated by Martindale-Hubbell and has been selected as one of Florida’s Legal Elite by Florida Trend Magazine in 2008, 2009, 2010 and 2011. Mr. Thomas concentrates his practice in estate litigation, both prosecuting and defending, which includes matters involving estates, trusts, probate, and guardianship. He represents clients with disputes throughout the State of Florida. Attorney Adrian Philip Thomas has a Masters in Law from the University of Miami, a Juris Doctor from Nova Southeastern University, and a Bachelor of Science from the University of Florida. Attorney Adrian Philip Thomas has lectured at continuing legal education seminars […]

read more
Page 3 of 1012345678...Last

We can make a difference.
Call now for a complimentary consultation.
Toll Free 1-800-249-8125

Phone: (954) 764-7273
Fax: (954) 764-7274

Suntrust Center
515 East Las Olas Blvd, Suite 1050
Fort Lauderdale, FL 33301