Florida Estate Planning, Probate & Trust Litigation Blog

The core difference between a revocable and an irrevocable trust in Florida is control: a revocable (living) trust can be

When a loved one passes away in Florida, understanding florida homestead rights probate protections becomes crucial for surviving family members

Summary administration is Florida’s streamlined, lower-cost probate process available when the estate’s non-exempt assets are worth $75,000 or less, or

When facing the loss of a loved one, understanding the cost to hire a probate attorney in Florida becomes a

When a loved one passes away in Florida, one of the most pressing legal questions families face is how long

Long-term nursing home care in Florida costs more than $10,000 per month. For many families, Medicaid is the only realistic

To get guardianship of an elderly parent in Florida, you file a petition to determine incapacity and a petition to

The key difference in Florida is timing and control: a power of attorney is created voluntarily by a person while

If you believe a loved one’s will was the product of undue influence, or that a trustee is mismanaging trust

A father changes his will six weeks before dying, cutting out three children and leaving everything to a live-in girlfriend

A revocable living trust is one of the most powerful estate planning tools available to Florida residents—yet it remains one

You co-own a property in Florida. Your co-owner is renting it out—or renting part of it—and pocketing the income without

If you’re involved in a Florida real estate dispute—whether you’re suing to enforce a contract, defending against a fraudulent transfer,

When a family member suspects that a will or trust was procured through undue influence, fraud, or while the maker

When a family member with a developmental disability turns 18, parents often face an urgent and emotional question: how do

When someone dies and the original will cannot be found, Florida law does not simply treat the estate as if

Imagine you receive news that a parent has passed away. The Will states that your inheritance will be placed into

In Florida guardianship proceedings, the appointment of an examining committee is a standard, almost clinical procedural step. Most families, and

For most families, becoming a Guardian Advocate for a disabled loved one feels like a natural extension of parenting. It

It is a nightmare scenario: you suspect the legal guardian appointed for your parent or sibling is mismanaging their money

Disputes over an elderly parent’s property are among the most painful challenges a family can face. When a Will or

Being named a beneficiary of a trust is a significant responsibility, but it often comes with a heavy dose of

Partition actions in Florida are governed by Chapter 64 of the Florida Statutes. These proceedings are equitable in nature and

Key Takeaway: Florida appellate courts are intensifying scrutiny on trustee conduct, providing clear pathways for beneficiaries to seek removal, surcharge,

In Florida probate litigation, disputes often arise over how real estate was conveyed—or whether it was conveyed at all. Many

Florida continues to be a popular destination for Canadian citizens seeking sunshine, rental income, or a future retirement home. But

In Florida trust law, few principles are more powerful—or more dangerous for trustees—than the presumption that arises when a fiduciary

In Florida, the legal capacity required to execute a deed, will, or trust is a critical issue in estate planning

In Florida, life estates are commonly created to ensure a surviving spouse can remain in the family home while reserving

Over the years my office has handled thousands of estates.  Although every situation is different, here are some common problems

In Florida probate law, the doctrine of dependent relative revocation (DRR) plays a crucial role in determining whether a revoked

In Florida, trust litigation often revolves around the rights of beneficiaries, and one of the most critical rights is the

In Florida, property disputes involving multiple owners—known as cotenants—are often resolved through partition actions, especially when owners cannot agree on

When designing an estate plan in Florida, one critical decision many individuals face is how to transfer property to their

Navigating probate in Florida can be complex, especially regarding the distribution of a deceased person’s assets. Florida Statute 733.805 provides

Last updated: June 2026 When two or more people own Florida real estate together, the law imposes mutual financial obligations

Ancillary probate is a secondary Florida proceeding used when someone who lived in another state or country dies owning real

Real estate litigation in Florida often intersects a few different areas of law. Uniquely to our State of Florida is

RIDGEWAY V. RIDGEWAY Life insurance litigation can be controlled by both state court and federal principles. In Florida a Trial

What is a curator in a probate estate and what is their role?  Florida Statute §733.501 defines what a curator

In Florida trust law, the term “qualified beneficiaries” is crucial for understanding the dynamics of trust management and the resolution

What is Property Partition? Property partition in Florida is a legal process that divides jointly owned property among its owners,

The Renunciation Rule and Its Implications The renunciation rule stipulates that if a beneficiary decides to contest a will, they

A health care surrogate and living will are important pieces of a robust estate planning portfolio.  This article will dive

Understanding Trustee Obligations Under Florida Trust Law Trustees have several obligations under the Trust code and also additional obligations as

Creating a will is a crucial step in ensuring your assets are distributed according to your wishes after you pass

Homestead rights are complicated. Typically, a spouse has an inherent right in the homestead property of a spouse, even if

The surviving spouse in Florida is entitled to a minimum share of the Estate. That concept is known as the

When it comes to Florida Probate, the Personal Representative faces the critical task of distributing all the assets left by

In Florida each co-owner or Property has shared responsibilities for the maintenance and upkeep of the asset and also has

If a child is omitted in a last will and testament who was either born or adopted after making a

Probate is never an easy process, and it becomes all the more challenging when difficult heirs or family members are

What is the Florida Wrongful Death Act? Key Takeaway: The Florida Wrongful Death Act requires that a personal representative be

In the state of Florida, homestead protections are a significant topic of interest for property owners. These protections serve as

Key Points Summary Florida Probate Processes Formal and Summary Administration are common probate procedures in Florida Guardian ad Litem A

Probate Administration is a crucial legal process that comes into play after an individual’s passing, serving as a vital bridge

Creating a last will and testament is a crucial step in ensuring that your final wishes are honored and your

As Floridians, we understand the importance of ensuring that legal agreements accurately reflect the intentions of the parties involved. However,

Key Takeaway: Florida law provides surviving spouses with comprehensive protections during probate, including homestead rights, exempt property, family allowance, and

Trusts are a crucial component of estate planning, offering a means for individuals to ensure their assets are managed and

Key Takeaway: Personal representatives can be removed from Florida estates when they have conflicting or adverse interests that interfere with

When it comes to probate matters in Florida, it is crucial to have a clear understanding of the Garn-St Germain

When it comes to managing trusts in Florida, trustees have a paramount responsibility to uphold the best interests of beneficiaries.

Filing a death certificate is a crucial process, ensuring accurate records are maintained for individuals who have passed away. However,

Introduction Key Takeaway: Trustees have a fundamental duty to provide complete and accurate accounting records to beneficiaries, and failure to

Understanding Testamentary Capacity in Florida Key Takeaway: Testamentary capacity requires understanding three key elements: the nature and extent of property

We litigate Estates throughout Florida and one of the most significant issues I come across during will contests is the

Key Takeaway: Tax deed holders in Florida can use quiet title actions under Fla. Stat. § 65.081 to eliminate ownership

As Real Estate lawyer I find the concept of adverse possession in Florida particularly intriguing. Adverse possession is a legal

In the state of Florida, partition law governs the division of jointly owned real estate when the co-owners are unable

In the realm of personal finance, life insurance stands as a pillar of financial security and peace of mind. It

As a probate litigation attorney, I often deal with the ins and outs of Power of Attorney (POA) litigation, a

Florida Law Removal of a Trustee My office litigates trust disputes throughout the state of Florida. One major recurring topic

Estate planning and trust administration can be complex, particularly when disputes arise. It’s crucial for individuals involved in a trust

Co-trustees play a vital role in managing and administering trusts. They hold a fiduciary duty to act in the best

Blended families are increasingly common in today’s society, as more individuals remarry and create new family structures. According to the

In today’s increasingly digital world, it is crucial to consider digital assets when creating an estate plan. In Florida, the

Key Takeaway: The Agency for Healthcare Administration can recover Medicaid payments from probate estates as a creditor, but important exceptions

What is a Last Will and Testament? A will is a legal document that outlines your final wishes and dictates

Who gets to be personal representative of an estate in Florida? The Personal Representative administers the estate and is ‘in

What is Heirs Property as defined by Florida law? When it comes to real property held in tenancy in common,

Florida Statute §732.901 states that “the custodian of a will must deposit the will with the clerk of the court

Lis Pendens – Notice of Litigation Lis Pendens literally means “suit pending” it is defined as the “jurisdiction, power, or

There are companies through the United States which comb through death notices and probate courts searching for a probate opened

Florida Law ensures that a surviving spouse of someone who died intestate (without a will) still receives or is entitled

Key Takeaway: Florida homestead protections transfer to surviving spouses and heirs, including stepchildren, and can protect property from unsecured creditors

Introduction Florida Next of Kin Law outlines the process for determining who is legally entitled to inherit property or assets

Florida has no firm statute of limitations for opening a probate estate, so probate can technically be filed years after

Key Takeaway: Many assets can bypass Florida’s probate process entirely, while others enter probate but qualify for valuable exemptions that

Just Because You Wrote a Will Doesn’t Mean Your Wishes Will Be Followed Key Takeaway: A Will only has legal

The case of Morrison v. Smolarick, No. 2D20-2693, is a decision made by the District Court of Appeal of Florida,

  Florida trust litigation refers to legal disputes that arise involving trusts in the state of Florida. These disputes can

GENERAL CONSIDERATIONS: As you begin to plan your estate and consider who you would like to serve as your personal

What is a Partition in Florida? In Florida, partition is a legal process by which co-owners of a property can

In a partition proceeding in Florida, an accounting must be conducted to determine whether each co-owner has paid their fair

Life Estate interests as the name suggests are interests in real property measured by the lifetime of the grantee or

The Probate action is an action over property and the distribution of Property among heirs and is often referred to

Being a Trustee over a Florida Trust is not always a fun job. The Trustee has some important responsibilities governed

Unfortunately, many Floridians continue to fall victim to exploitation and abuse.  The Florida legislature has provided some tools to aid

We often see people come in after a loved one has died with a will from ten, fifteen, or even

Understanding Florida Probate Proceedings: Summary vs. Formal Administration Key Takeaway: Florida probate attorney fees vary dramatically based on estate size

Sometimes life events occur that require a change in Estate planning.  In Florida will contests and Probate litigation can often

Trustee Responsibilities Under Florida’s Trust Code: A Complete Guide Key Takeaway: Florida trustees hold the highest standard of care under

A common question presented to our office during Estate planning consultations is how to avoid probate in Florida.  Complicated and

Often because of an inheritance or a change in circumstances, two unmarried people end up jointly owning real estate.  This

In a Florida Probate proceeding one of the principal guiding aspects of the law is to give meaning and intent

Florida probate administration has statutory rules governing what should happen if there are simply not enough assets to pay all

A recurring problem in Florida real estate transactions is an invalid conveyance or sale because of the failure to understand

Key Takeaway: You can probate a Florida estate even if you live out-of-state, either as the primary proceeding or through

The creation of a Last Will and Testament is a tool to alter your estate plan from the default rules

What is a Petition for Administration In a Florida probate proceeding if you have not initiated the case, you may

Understanding Elder Abuse in Florida: A Growing Crisis Key Takeaway: Elder abuse is rampant in Florida, but proactive planning with

Florida Law has a mechanism for the establishment of paternity testing.  Fla. Stat. §742.12 provides a framework for the evidentiary

A recurring source of litigation in Florida revolves around the rights of buyers and sellers operating under an “As Is”

Most insurance policies provide that an insurance company maintains the right to take an “Examination Under Oath” or EUO of

Pursuant to the Florida Rules of Probate Procedure an interested person has 30 days to object to a Final Accounting

Obviously the words contained in a last will and testament have significant impact.   Countless books in law libraries are filled

In Florida, if a loved one has passed away while residing in a rental property, the heirs of the estate

One of the most common tools used to take advantage of the elderly in Florida is the Power of Attorney

Florida law provides a procedural and statutory guide which sets for the rights/powers and obligations of an Executor in the

One of the most common questions I receive from folks is simply “What is probate court?”  Probate is the court-supervised

Often times in Florida we see heirs or beneficiaries who realize that they have a share of a probate estate

If your reading this article, chances are you may have received the statutorily required notice to claimaints with an interest

A common scenario in Florida Trust litigation occurs when a settlor creates a trust in Florida but the trustee is

Florida law requires that the transfer of mobile homes in most cases be done through transfer of a certificate of

One of the more frequently encountered areas of confusion in Florida Probate and real property disputes revolves around Florida’s state

Understanding the Role of a Personal Representative in Florida Probate Key Takeaway: Florida Personal Representatives must be represented by counsel

The general duty of a Personal Representative to faithfully gather the assets of the decedent also includes an obligation to

One of the common themes that we encounter in dealing with probate litigation in Florida is an unsupervised family member

Understanding Florida Homeowners Insurance Policies Key Takeaway: Florida homeowners insurance policies are contracts of adhesion, meaning ambiguous terms will be

Florida law allows owners of property to hold title to real property in various ways.  Each type of ownership has

Power of Attorney Abuse in Florida: Legal Remedies for Victims and Their Families Dealing with probate litigation and administration, we

One of the primary sources of property damage claims in Florida includes damage to a roof system caused by windstorm

If you’ve just discovered the contents of a relative’s Last Will and Testament and are not happy with the results,

If you’re not an expert in legal matters, understanding probate law in Florida can be difficult. A common question that

Death and Taxes, famously inevitable and often quite brutal on the un-seasoned Florida executor or Personal Representative dealing with a