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 […]

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 […]

Exploiting Elders in Florida: How Family Members Financial Abuse of Seniors is a “Public Health Epidemic”

| August 21, 2012

This month, lots of people that don’t deal with senior citizen issues or the realities of end of life planning and elder law got a big, huge slap in the face as Dr. Mark Lachs called elder financial abuse by family members a “national epidemic.” That’s right – right up there with heart disease and […]

What is Florida Probate Litigation?

| October 21, 2010

More often than not, the probate process is simple and straightforward. Where the decedent executed a Will, his property is disposed of in accordance with it. Where there is no Will, his property passes to his spouse and/ or children. Sometimes, however, there are complications; for example, the decedent may have disinherited his spouse in […]