Category: Blog

Partition actions in Florida are governed by Chapter 64 of the Florida Statutes. These proceedings are equitable in nature and serve to dissolve concurrent ownership interests in real property when co-owners are unable to agree on the use or disposition of the property. The statutory framework provides for either partition in kind (physical division of… Continue reading PARTITION ACTIONS IN FLORIDA: LEGAL FRAMEWORK, PROCEDURE, AND DISTRIBUTION OF SALE PROCEEDS

As a trust litigation attorney practicing in Florida, I regularly encounter trustees who fail to grasp the full scope of their fiduciary obligations. Recent Florida appellate decisions reflect an unmistakable trend: courts are intensifying scrutiny on trustee conduct, especially failures to inform beneficiaries, render accountings, and administer the trust with loyalty, prudence, and good faith.… Continue reading FLORIDA TRUSTEES BEWARE: THE EXPANDING SCOPE OF LIABILITY FOR BREACH OF TRUST

In Florida probate litigation, disputes often arise over how real estate was conveyed—or whether it was conveyed at all. Many heirs assume that if there is no recorded deed transferring a homestead, then the property must be part of the decedent’s probate estate.However, the recent decision in Fuentes v. Link, 394 So. 3d 684 (Fla.… Continue reading Trust as Deed: Florida Court Confirms Valid Conveyance Without Recorded Title in Fuentes v. Link

Florida continues to be a popular destination for Canadian citizens seeking sunshine, rental income, or a future retirement home. But owning property in the Sunshine State also brings a complex set of cross-border estate planning considerations. Canadian citizens with Florida real estate should take deliberate steps to ensure their assets are protected, smoothly transferable, and… Continue reading ESSENTIAL ESTATE PLANNING FOR CANADIANS WITH FLORIDA PROPERTY

In Florida trust law, few principles are more powerful—or more dangerous for trustees—than the presumption that arises when a fiduciary fails to keep proper records. The law does not forgive sloppy administration. In fact, it does the opposite: it presumes wrongdoing. This principle is deeply rooted in Florida jurisprudence and has been reaffirmed across decades… Continue reading WHEN TRUSTEES DON’T ACCOUNT: FLORIDA LAW PRESUMES THE WORST

In Florida, the legal capacity required to execute a deed, will, or trust is a critical issue in estate planning and litigation. The law recognizes different standards depending on the type of document being executed. A fundamental principle in these cases is that capacity must be evaluated at the time of execution, and legal challenges… Continue reading WHAT IS THE LEGAL CAPACITY REQUIRED TO EXECUTE A DEED OR A WILL IN FLORIDA?

In Florida, life estates are commonly created to ensure a surviving spouse can remain in the family home while reserving the future ownership for designated remaindermen. The legal obligations of life tenants and remaindermen are defined by Florida law and case precedent, emphasizing the balance between a life tenant’s right to use the property and… Continue reading The Responsibilities of Life Tenants and Remaindermen in Florida

Over the years my office has handled thousands of estates.  Although every situation is different, here are some common problems that I have seen in my time litigating and administering estates in Florida. Estate planning is one of the most critical steps individuals can take to protect their assets and ensure their legacy aligns with their… Continue reading FLORIDA ESTATE PLANNING: COMMON PROBLEMS AND HOW TO AVOID THEM

In Florida probate law, the doctrine of dependent relative revocation (DRR) plays a crucial role in determining whether a revoked will can be revived when a subsequent will is declared invalid. This principle seeks to honor a testator’s presumed intent to avoid intestacy. The 2016 case of In re Estate of Virginia E. Murphy (184… Continue reading FLORIDA WILL CONTESTS – THE DOCTRICE OF DEPENDENT RELATIVE REVOCATION