Surviving Spouse’s Rights In A Florida Probate

| December 24, 2015

When a husband or wife passes away in Florida, they have specific legal rights that are different from other loved ones who are grieving over the passing of the decedent. As the widow or widower, they are considered under Florida probate law to be the “surviving spouse” with special legal rights regarding property and the […]

Challenging a Will: Consider the Deceased’s Wishes Before You File a Will Contest

| November 12, 2015

Whe a will is brought before a Florida probate judge for admission to probate and the appointment of a Personal Representative, things seem straightforward. You would think things go smoothly from there; just follow the instructions – they are written out for you – settle the estate’s claim and distribute to the beneficiaries. Wills are […]

Can Personal Representatives of Florida Estates Be Held Liable For The Damages They Cause?

| May 27, 2015

Florida probate law protects both the personal property and real estate holdings of anyone who passes away in the State of Florida by immediately creating a legal “estate.” The estate acts as legal owner of all that property immediately upon the individual’s passing, and until another legal action (such as a probate judge’s ruling or […]

Florida Probate Lawyer Costs and the Attorneys’ Fees Statute in Florida

| March 10, 2015

One of the biggest questions involved in probating someone’s estate after their passing is how much will the probate process before a Florida Probate Court itself cost? There are variables here depending upon each case, of course. Different kinds of property may involve unique expenses. Having investments in other states or foreign countries can warrant […]

What Are The Two Main Types of Notices Given To Parties in a Florida Probate Administration?

| January 13, 2015

Florida law defines the types of notices that are to be given in the administration of a Last Will and Testament in a Florida probate court proceeding. What notice a party receives, and what notices must be sent, are governed by Florida probate statutes, procedures and probate rules. What Information is Provided in Florida Probate […]

10 Reasons Why Your Parents Need a Health Care Surrogate

| November 11, 2014

What is a Florida Health Care Surrogate? In Florida, a Health Care Surrogate is a person who makes your health care decisions for you when you are not able to make these decisions for yourself. This is someone who will have legal authority to pass on your wishes to your health provider (doctor, hospital, etc.) […]

Tortious Interference With An Inheritance or Expectancy — Can You Sue When You Fail to Inherit Under a Florida Will?

| March 11, 2014

In Florida, unlike some other states, there is case precedent on the books (court opinions) which establishes the legal right for someone to sue and win a claim that their expected inheritance was illegally interfered with by the defendant, despite the language of the probate documents and the fact that they did not inherit under […]

Florida Court Rules Palm Beach’s Ruth Perelman Estate Will Be Probated in Pennsylvania: The First to File Lesson For Those Owning Homes in Florida and Elsewhere

| December 19, 2013

This is a story about Ruth Perelman who executed a Last Will and Testament in 2010 and died in July 2011 leaving two sons, Jeffrey and Ronald. A few weeks ago, the Fourth District Court of Appeals here in Florida made national news when it published its decision about where the late Ruth Perelman’s estate […]

Breach of Fiduciary Duty Claims by Florida Heirs and Beneficiaries: What Happens When the Estate’s Representative Goes Rogue and Does Bad Things?

| December 5, 2013

What happens to property, real and personal, in Florida after someone dies in the State of Florida is well-settled: Florida statutes and Florida case law work together to insure that there is a smooth transition in ownership of everything from raw minerals and undeveloped land to jewelry, works of art, and personal belongings like clothing […]

Florida Will Unfair or Wrong? Challenging a Will in Florida – Who Can Contest a Will and Why (Bases for Florida Will Contests) and When (Deadline)

| September 26, 2013

Last Update: 11/27/15 Florida’s sunny climate and beautiful coastlines have invited many retirees here over the years. People come to live out their lives in our beautiful state, with extended family living all over the country. As a result, when these folk pass away, Florida courts are often the battlefield over many different kinds of […]