Category: Blog

The right of contribution among co-tenants (Co-owners) for expenses related to jointly owned property is a well-established principle in common law in Florida. This obligation, rooted in equity and fairness, ensures that co-tenants share the financial responsibilities of property ownership, such as taxes, mortgage payments, and necessary repairs. This principle is enforceable in court, even… Continue reading OBLIGATIONS OF CO-OWNERS OF PROPERTY UNDER FLORIDA LAW

The case of “In re Estate of Salathe” clearly states that Florida’s intestacy laws apply to the inheritance of property located within the state (In re Estate of Salathe, 703 So.2d 1167 (1997) . This is reiterated in the same case where it was held that despite the decedent not having a valid will in… Continue reading FLORIDA PROBATE FOR OUT OF STATE OR OUT OF COUNTRY ESTATES: ANCILLARY ADMINISTRATIONS

Real estate litigation in Florida often intersects a few different areas of law. Uniquely to our State of Florida is an embedded protection for the surviving spouse in the homestead residence of the decedent. So first of all, what is homestead? Homestead is your primary residence designated and protected by the property appraiser after filling… Continue reading FLORIDA REAL ESTATE LIMITATIONS – HOMESTEAD PROPERTY CONVEYANCES WITH A SPOUSE

RIDGEWAY V. RIDGEWAY Life insurance litigation can be controlled by both state court and federal principles. In Florida a Trial Court Order in some circumstances has no effect on federal entitlement to life insurance benefits. This rule was most clearly set forth in the US Supreme Court case of Ridgeway v. Ridgeway (102 S. Ct.… Continue reading LIFE INSURANCE LITIGATION – FEDERAL SUPREMACY CLAUSE CONSIDERATIONS

What is a curator in a probate estate and what is their role?  Florida Statute §733.501 defines what a curator is and why they would be appointed in a probate estate. 733.501 Curators.— (1) When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration. The… Continue reading UNDERSTANDING THE ROLE OF A CURATOR IN A FLORIDA PROBATE ADMINISTRATION

In Florida trust law, the term “qualified beneficiaries” is crucial for understanding the dynamics of trust management and the resolution of legal disputes. These beneficiaries either currently receive benefits from a trust or stand to receive them under certain conditions, such as the termination of the trust or the death of current beneficiaries. 736.0103 Definitions.—Unless the… Continue reading RIGHTS UNDER THE FLORIDA TRUST CODE: QUALIFIED BENEFICIARIES

What is Property Partition? Property partition in Florida is a legal process that divides jointly owned property among its owners, allowing each to hold their portion independently. This is particularly relevant for Florida homeowners who might find themselves in various situations requiring the division of their property.  Common scenarios are when a non-married couple owns… Continue reading Understanding Property Partition for Florida Homeowners

The Renunciation Rule and Its Implications The renunciation rule stipulates that if a beneficiary decides to contest a will, they must give up any benefits they might receive from it. This requirement is designed to ensure that challenges to the will are made in good faith and not as a strategy to secure a better… Continue reading Florida Will Contests: Penalty Clauses and Qualified Renunciations

A health care surrogate and living will are important pieces of a robust estate planning portfolio.  This article will dive into what these documents are and why they should be a part of your estate planning portfolio.  Florida Statutes Chapter 765, entitled “Health Care Advance Directives” covers the law regarding health care surrogates and living… Continue reading UNDERSTANDING HEALTH CARE SURROGATES AND LIVING WILLS IN FLORIDA

Trustees have several obligations under the Trust code and also additional obligations as set forth in the Trust Agreement. Some of these obligations can be distilled into general concepts or general obligations of the Trustee to the beneficiaries. Fundamentally understand that the relationship between Trustee and beneficiaries is a fiduciary relationship. That is the highest… Continue reading WHAT OBLIGATIONS DOES A TRUSTEE HAVE UNDER FLORIDA LAW?