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ESSENTIAL ESTATE PLANNING FOR CANADIANS WITH FLORIDA PROPERTY

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

WHEN TRUSTEES DON’T ACCOUNT: FLORIDA LAW PRESUMES THE WORST

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

WHAT IS THE LEGAL CAPACITY REQUIRED TO EXECUTE A DEED OR A WILL IN FLORIDA?

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?

The Responsibilities of Life Tenants and Remaindermen 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

Florida Trustees’ Obligations Toward Beneficiaries: The Duty to Inform and Account

A man protects human figures with his hands. The concept of security and social protection. Health coverage benefits, retirement plans. Creating an environment where everyone feels secure and valued.

Last updated: June 2026 If you are the beneficiary of a Florida trust, the trustee owes you more than a vague promise to act in good faith. The Florida Trust Code imposes a concrete, enforceable duty to inform and account — the trustee must keep you reasonably informed about the trust and its administration, and… Continue reading Florida Trustees’ Obligations Toward Beneficiaries: The Duty to Inform and Account

FLORIDA ESTATE PLANNING: COMMON PROBLEMS AND HOW TO AVOID THEM

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

FLORIDA WILL CONTESTS – THE DOCTRICE OF DEPENDENT RELATIVE REVOCATION

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

UNDERSTANDING BENEFICIARY RIGHTS TO TRUST ACCOUNTING IN FLORIDA TRUST LITIGATION

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

UNDERSTANDING COTENANT BUYOUTS IN PARTITION CASES UNDER FLORIDA STATUTE 64.206-207

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