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What is Probate Court?

One of the most common questions I receive from folks is simply “What is probate court?”  Probate is the court-supervised process of distributing the assets of an individual, referred to as his or her “estate” after they pass away.  Probate in Florida is handled by the Circuit Court of Appeals, probate division.  This means that… Continue reading What is Probate Court?

Florida Disclaimer of Property Interests Act

Often times in Florida we see heirs or beneficiaries who realize that they have a share of a probate estate but for their own estate planning purposes, for taxes or for continued qualifications for medical benefits or other reasons don’t want to take the probate assets.  Instead, they seek to simply pass those assets to… Continue reading Florida Disclaimer of Property Interests Act

Recovering Tax Deed Surplus Funds in Florida

If your reading this article, chances are you may have received the statutorily required notice to claimaints with an interest in surplus funds subsequent to a Tax Deed sale.  The recovery of tax deed surplus funds is governed by Florida’s Tax Deed Surplus Statute which provides, §197.582, which provides:

Jurisdiction and Venue Basics for Florida Trust Litigation

A common scenario in Florida Trust litigation occurs when a settlor creates a trust in Florida but the trustee is out of state.  Questions arise as to the proper jurisdiction and venue for bring forth trust litigation.  Fla. Stat. 736.0202 is instructive; it provides in pertinent part:

Title Considerations for a Florida Mobile Home Purchase

Florida law requires that the transfer of mobile homes in most cases be done through transfer of a certificate of title.  The applicable Florida statute, Fla. Stat. 319.So22(1) provides: (1)Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner… Continue reading Title Considerations for a Florida Mobile Home Purchase

Florida Homestead Property

One of the more frequently encountered areas of confusion in Florida Probate and real property disputes revolves around Florida’s state constitutional protections for homestead property.  The Florida constitution Article 10, section 4 of the Florida constitution provides: SECTION 4. Homestead; exemptions.— (a) There shall be exempt from forced sale under process of any court, and no judgment,… Continue reading Florida Homestead Property

What is a Personal Representative and What are their Responsibilities in a Florida Probate?

Understanding the Role of a Personal Representative in Florida Probate Key Takeaway: Florida Personal Representatives must be represented by counsel and can face personal liability even when following legal advice, making it crucial to understand their basic duties and responsibilities. In a Formal Administration, a Personal Representative is nominated. Often referred to as an “executor”… Continue reading What is a Personal Representative and What are their Responsibilities in a Florida Probate?

Suing on Behalf of the Estate: Wrongful Death Actions and Other Claims in Florida Probate

The general duty of a Personal Representative to faithfully gather the assets of the decedent also includes an obligation to make a determination regarding litigation on the decedent’s behalf after death and the continuation of litigation that the decedent initiated prior to his or her passing. These enumerated powers are set forth in Florida Statute… Continue reading Suing on Behalf of the Estate: Wrongful Death Actions and Other Claims in Florida Probate

Understanding the Statute of Limitations in Florida Probate Litigation

One of the common themes that we encounter in dealing with probate litigation in Florida is an unsupervised family member in charge of a probate administration.  Through the course of the typical probate administration in Florida, as an heir or beneficiary you may be presented with several documents collectively known as “waivers” that allow for… Continue reading Understanding the Statute of Limitations in Florida Probate Litigation