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In Florida, Joint Tenancy With Right of Survivorship as an Estate Planning Tool to Avoid Probate: What Are The Risks in This Form of Florida Joint Ownership?

Florida law allows two people (think a husband and wife, or a parent and child) the ability to own Florida property together as joint owners in several ways, one of which is known as the “joint tenancy with right of survivorship.” The Joint Tenancy With Right of...

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

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...

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

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...

Deathbed Marriages in Florida: Why This is a Recipe For An Undue Influence and Will Contest Claim Against the Surviving Spouse

Quick marriages or secret weddings close to someone’s death, particularly when they are of a certain age, aren’t just the stuff of murder mysteries — they happen more often than many people realize; so much so, in fact, that the Florida Legislature actually addressed...