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…
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 more. In order to contest a Will successfully, you’ll need to have a good reason to do so.
Questioning the Validity of the Will
The most solid reason for contesting a Will in Florida is if you believe that its validity is compromised. For example, if you suspect that your relative was forced to change the Will under duress, or if they acted in error, without real knowledge of what they were doing, these may be suitable grounds for challenging the contents.
Also, if you have evidence to suggest that the Will has been altered fraudulently, this is also good reason to contest it. (more…)
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, it’s generally acknowledged that if an oral agreement is to be accepted as legally binding, it needs to feature consideration. (more…)
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. …
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…
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…
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…
A Step by Step Guide to Florida Collections
Here is a common scenario, you have fought the good fight, gone through litigation, obtained a Judgment from a Judge or Jury and you won! Congratulations. Now the Defendant should…
Collecting Your Foreign (Out of State) Judgment in Florida
In previous posts we have provided an overview regarding the collection process in Florida. You can access that article by clicking here. This article will explain Florida’s Enforcement of Foreign…
Dealing With Missing Beneficiaries or Heirs in Florida Probate
Frequently we deal with Florida Probates where an heir or a beneficiary is unable to be found. If you have a Florida Probate Administration where a beneficiary or an heir…