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Florida Probate Blog

Posts Tagged: surviving spouse

What is a Prenuptial Agreement?

Written by on Jan 30, 2009| Posted in: Estate Litigation

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.

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Parents Inheriting from Children in Intestate Probate Estate

Written by on Sep 17, 2008| Posted in: General

Can a Parent Inherit from a Child Whom the Parent Did Not Support? An infant was born severely handicapped as a result of medical malpractice by doctors at birth. The doctors were sued and a judgment was entered against them for almost three million dollars, the bulk of which was placed in a trust for the child’s benefit. The child died on September 2, 2005. The child’s mother took care of her throughout her life and received funds from the trust to attend to the child’s needs. After the child’s death, her biological father sought half of the balance remaining in the trust under their state’s intestacy laws. The child’s mother argued that the father didn’t contribute to the child’s support during her life, and owed unpaid child support, and therefore shouldn’t be entitled to half of the remaining funds in the trust. Further, the child’s mother claimed that even […]

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