Category: Blog

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

In Florida, trust litigation often revolves around the rights of beneficiaries, and one of the most critical rights is the right to a trust accounting. Trust accounting ensures transparency in trust administration, allowing beneficiaries to monitor how trust assets are managed and used. Under Florida law, trustees are required to keep qualified beneficiaries informed of… Continue reading UNDERSTANDING BENEFICIARY RIGHTS TO TRUST ACCOUNTING IN FLORIDA TRUST LITIGATION

In Florida, property disputes involving multiple owners—known as cotenants—are often resolved through partition actions, especially when owners cannot agree on the future of the property. Partition cases allow the property to either be divided among the owners or sold, with the proceeds split according to each owner’s share. An important aspect of these cases is… Continue reading UNDERSTANDING COTENANT BUYOUTS IN PARTITION CASES UNDER FLORIDA STATUTE 64.206-207

When designing an estate plan in Florida, one critical decision many individuals face is how to transfer property to their loved ones. Two common methods are inheritance through a will or trust and the use of a deed or gift during your lifetime. While both options ensure that your property reaches the intended beneficiaries, there… Continue reading FLORIDA ESTATE PLANNING CONSIDERATIONS – STEPPED UP COST BASIS

Navigating probate in Florida can be complex, especially regarding the distribution of a deceased person’s assets. Florida Statute 733.805 provides a detailed hierarchy for using assets to satisfy debts, administrative expenses, and bequests, ensuring an orderly process for settling an estate. Florida Statute: 733.805 provides: 733.805 Order in which assets abate.— (1) Funds or property designated by… Continue reading Understanding Florida Probate Law: The Order in Which Assets Are Sold to Pay Debts – AKA Abatement