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Probate and Estate Planning Considerations for the Different forms of Real Property Title Available in Florida

Florida law allows owners of property to hold title to real property in various ways.  Each type of ownership has varying characteristics that impact succession and rights to Florida Property.  When deciding how to hold title consider asset protection, taxation and succession. Fee Simple/ Sole Ownership: Holding title in an individual’s name only.  You can… Continue reading Probate and Estate Planning Considerations for the Different forms of Real Property Title Available in Florida

Power of Attorney Litigation in Florida: An Overview

Dealing with probate litigation and administration, we frequently observe how poor estate planning and/or unscrupulous family members destroy the intentions of a decedent and ultimately cause fall out among the remaining family members.  One tool we commonly see abused in Florida is the power of attorney document.  This article is meant to provide a brief… Continue reading Power of Attorney Litigation in Florida: An Overview

Handling Partial Denials of Roof Claims in Florida

One of the primary sources of property damage claims in Florida includes damage to a roof system caused by windstorm or hail.  Hurricanes and storms are prevalent in Florida, so you might find your residential structure or commercial building in need of filing an insurance claim to repair your damaged roof and/or the resulting water… Continue reading Handling Partial Denials of Roof Claims in Florida

Default Final Judgments Part II: One Year or Longer After Final Judgment

In April we originally talked about the ways to set aside a Default Final Judgment in Florida.  You can access the original article here.  This post focuses on achieving relief from Default Final Judgments entered over one year ago. A Final Judgment entered in Florida can be challenged only upon a specific set of grounds. … Continue reading Default Final Judgments Part II: One Year or Longer After Final Judgment

Challenging a Will: When Can You Contest a Will in Florida?

If you’ve just discovered the contents of a relative’s Last Will and Testament and are not happy with the results, you may have grounds to contest it via a probate court. However, it’s important to note that it’s unlikely you’ll have any success if it’s simply the case that you think you should have received… Continue reading Challenging a Will: When Can You Contest a Will in Florida?

Agreeing to Divide Inheritance in Florida: What Does the Law Say about Oral Agreements?

If you’re not an expert in legal matters, understanding probate law in Florida can be difficult. A common question that people want to know, after the death of a parent or even grandparent, is: Can the inheritance be legally divided, just based on a verbal agreement among siblings? Oral Agreements and the Law In Florida,… Continue reading Agreeing to Divide Inheritance in Florida: What Does the Law Say about Oral Agreements?

Florida Will and Trust Contests Part I: An Overview

Florida Will and Trust Contests Part I: An Overview Unfortunately a testator’s last wishes or estate plan can be simply eviscerated though the actions of unscrupulous characters in their lives.   Because we have seen these issues arise so frequently, this article is meant to provide a basic road map for understanding what to do if… Continue reading Florida Will and Trust Contests Part I: An Overview

Removing a Personal Representative in Florida

We hear from many heirs and beneficiaries who are unhappy with the administration of their Probate for a variety of reasons. In Florida, as an heir or beneficiary, or any interested party, you have the right to make sure that your probate is being administered according to law. If your Personal Representative has failed to… Continue reading Removing a Personal Representative in Florida

How to Get out of Default in Florida

For most people being sued is a terrible and stressful event.  Sometimes, rather than facing the uncertainty  head on, people fail to do anything at all.  In Florida, the failure to respond to a lawsuit within a specified time period, sometimes as little as 20 days, can result in a Default being entered against you. That means… Continue reading How to Get out of Default in Florida

Federal and Florida Estate Tax Considerations for Probate

Death and Taxes, famously inevitable and often quite brutal on the un-seasoned Florida executor or Personal Representative dealing with a probate.  In this article we provide a brief overview of how to handle both the Federal and State challenges that come with a Florida Probate.  Federal Estate Taxes For most Americans, there will be no… Continue reading Federal and Florida Estate Tax Considerations for Probate