The Law Offices of Adrian Philip Thomas

What is a Prenuptial Agreement?

First District Upholds Integrity of Contracts in Recent OpinionA prenuptial agreement is a contract entered between partners before marriage, or civil unions in those jurisdictions recognizing those. The contract’s contents typically include provisions for the division of marital assets and spouse support in the event the relationship terminates.

Prenuptial agreements usually arise in two very different legal contexts: (1) divorce and (2) probate. In Florida, the rules applying to these two vastly-different courtrooms are exclusive of one another. My experience has been dealing with prenuptial agreements in the probate arena, where the marital relationship has been severed not by divorce, but by the death of one of the spouses. Read the rest of this entry

FLORIDA PROBATE BLOG

  • FL Trust Dispute Lawyer

    Florida trust disputes can take many forms.  Below are some examples of causes of action that fall under the broader category “Fl Trust Dispute:” Accounting – if a beneficiary has received inadequate or insufficient information from a trustee, the beneficiary may need to formally demand an accounting to compel compliance. Removal – if a trustee [...]

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  • Florida Will Reformation

    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 [...]

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  • How do I contest a Will in Florida?

    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 [...]

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