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How Long Do You Have to File Probate After Death in Florida? A Legal Expert’s Guide

Florida has no firm statute of limitations for opening a probate estate, so probate can technically be filed years after a death. However, whoever holds the original will must deposit it with the clerk of court within 10 days of learning of the death under Fla. Stat. § 732.901, and waiting too long to administer… Continue reading How Long Do You Have to File Probate After Death in Florida? A Legal Expert’s Guide

What Assets are Exempt from Probate in Florida: A Comprehensive Guide

Key Takeaway: Many assets can bypass Florida’s probate process entirely, while others enter probate but qualify for valuable exemptions that protect them from creditors. What is Probate in Florida? Probate is the legal process of settling a deceased person’s estate and distributing their assets to their beneficiaries. The purpose of probate in Florida is to… Continue reading What Assets are Exempt from Probate in Florida: A Comprehensive Guide

SAFEKEEPING YOUR LAST WILL AND TESTAMENT – FLORIDA LAW

Just Because You Wrote a Will Doesn’t Mean Your Wishes Will Be Followed Key Takeaway: A Will only has legal power if the original physical document can be located and filed with the court – copies, photos, or digital versions don’t count. Why Having a Will Isn’t Always Enough Many people are aware that if… Continue reading SAFEKEEPING YOUR LAST WILL AND TESTAMENT – FLORIDA LAW

FLORIDA PARTITIONS: CASE LAW UPDATE – MORRISON V. SMOLARICK

The case of Morrison v. Smolarick, No. 2D20-2693, is a decision made by the District Court of Appeal of Florida, Second District in 2022. It deals with the issue of partition, which is a legal process by which co-owners of property can seek to divide the property or, if it cannot be divided, to sell… Continue reading FLORIDA PARTITIONS: CASE LAW UPDATE – MORRISON V. SMOLARICK

HOW TO CHALLENGE OR CONTEST A TRUST IN FLORIDA

  Florida trust litigation refers to legal disputes that arise involving trusts in the state of Florida. These disputes can include issues such as trust interpretation, breach of trust, and removal of trustees. Trust litigation can be a complex and time-consuming process. Our office litigates disputes among Trustees and beneficiaries throughout the state of Florida.… Continue reading HOW TO CHALLENGE OR CONTEST A TRUST IN FLORIDA

SELECTING THE CORRECT PERSONAL REPRESENTATIVE FOR A FLORIDA ESTATE

GENERAL CONSIDERATIONS: As you begin to plan your estate and consider who you would like to serve as your personal representative, it’s important to choose someone who is reliable, trustworthy, and able to handle the responsibilities of the role. In this blog post, we’ll explore some key factors to consider as you make this important… Continue reading SELECTING THE CORRECT PERSONAL REPRESENTATIVE FOR A FLORIDA ESTATE

ATTORNEY FEES AND COSTS IN FLORIDA PARTITION ACTIONS

What is a Partition in Florida? In Florida, partition is a legal process by which co-owners of a property can divide it into separate shares or interests. This may be necessary if the co-owners can’t agree on how to use or manage the property, or if they want to sell their share and divide the… Continue reading ATTORNEY FEES AND COSTS IN FLORIDA PARTITION ACTIONS

RECOVERY OF PROPERTY EXPENSES & COSTS FROM A FLORIDA PARTITION ACTION

In a partition proceeding in Florida, an accounting must be conducted to determine whether each co-owner has paid their fair share of the expenses related to the property and to adjust their accounts accordingly. This includes expenses such as mortgage payments, insurance, taxes, and necessary repairs. The court will first determine the percentage of ownership… Continue reading RECOVERY OF PROPERTY EXPENSES & COSTS FROM A FLORIDA PARTITION ACTION

LIFE ESTATE INTERESTS IN FLORIDA: THE RIGHTS OF LIFE TENANTS V. VESTED REMAINDERS

Life Estate interests as the name suggests are interests in real property measured by the lifetime of the grantee or recipient of the interest. Life estate interests can be created by deed, by conveyance through last will and testament or as we commonly see as the default distribution of homestead to a spouse who is… Continue reading LIFE ESTATE INTERESTS IN FLORIDA: THE RIGHTS OF LIFE TENANTS V. VESTED REMAINDERS