Challenging an Inheritance in Florida: Meeting the In Re Carpenter Factors in a Florida Will Contest

| May 12, 2015

Today, Florida Statute 733.107 has been passed to override part of the Florida Supreme Court’s decision back in 1971, when the famous (at least in legal circles) case came down: In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971).  The Florida Legislature can pass laws that block what the Highest Court in the State […]

2014 Year End Estate Planning

| December 9, 2014

In a matter of days, we’ll be entering a new year and 2014 will be a part of history. However, it’s still early enough in December for you to consider or update your Florida estate planning before the new year. There are reasons why you should, legally. For instance, some laws change on January 1, […]

10 Reasons Why New or Expectant Parents Should Have a Will

| October 14, 2014

Congratulations if you are reading this post because you are expecting a child or if you are a new parent. There are few joys in life as great as raising a child! Congratulations, too, on investigating how to protect your family in the event of an untimely passing on the part of you or your […]

What is a “No Contest Clause” in a Florida Will?

| September 9, 2014

In Florida, can you block someone from challenging your will with a No Contest clause?   In Florida, as in all other states, there are laws on the books that establish how your property will be distributed should you die without a will, or if you die without a valid one. So, the smart thing […]

Florida Personal Representatives Acting Badly; Suing the Past P.R. (and Her Lawyer) for Malpractice

| July 8, 2014

When a loved one dies in Florida, the law immediately creates an “estate” to hold that person’s real estate and personal property until the assets can be legally determined, which are then transferred to the person who inherits it. An executor (in Florida, the person appointed by the Probate Court is known as personal representative […]

Can a Trust Be Created By a Florida Judge to Remedy Wrongdoing Related to a Decedent’s Property?

| May 6, 2014

Ask most people what a “trust” is all about, legally-speaking, and they’ll probably describe some form of estate planning tool that goes along with a Last Will and Testament and/or a Life Insurance Policy. This answer isn’t wrong: lawyers draft trust documents all the time, where property is placed into “trust” for loved ones (”beneficiaries”). […]

Florida Inheritance: If You Didn’t Inherit Under the Will, Can You Sue the Lawyer Who Wrote It? Maybe.

| April 8, 2014

Last month, we posted about what happens here in Florida when someone believes that they are going to inherit something, money – property – jewelry – heirlooms, and then learns that the Will states otherwise.  In some situations, Florida law grants heirs or beneficiaries with the right to sue the person (or persons) that they […]

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 […]