Category: Blog

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

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. A… Continue reading HOW TO CHALLENGE OR CONTEST A TRUST IN FLORIDA

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

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

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 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

The Probate action is an action over property and the distribution of Property among heirs and is often referred to as in rem (over property) jurisdiction as opposed to “in personam” jurisdiction which is jurisdiction over a person. This distinction is relevant because one of the primary jobs of a Personal Representative will be to… Continue reading THE POWERS OF THE FLORIDA PERSONAL REPRESENTATIVE PART 1: TO COLLECT ASSETS & FREEZE ASSETS

Being a Trustee over a Florida Trust is not always a fun job. The Trustee has some important responsibilities governed by (1) the Trust document (2) the Florida Trust Code. So in general what does a Florida Trust require? Adherence to and compliance with the Trust document. The Trustee is a fiduciary and as such… Continue reading FLORIDA TRUST ADMINISTRATION BASICS

Unfortunately, many Floridians continue to fall victim to exploitation and abuse.  The Florida legislature has provided some tools to aid families to fight elder abuse.  One of those tools is the “Death Bed” Marriage Statute.  Fla. Stat. 732.805 provides generally that a Florida marriage can be invalidated if it was procured by fraud, duress, or… Continue reading OVERTURNING A DEATH BED MARRIAGE IN FLORIDA

We often see people come in after a loved one has died with a will from ten, fifteen, or even twenty years ago.  These wills run the risk of being stale or obsolete we call those a Lapsed Devise or similarly a Void Devise, both are treated the same in Florida law. A Lapsed Devise… Continue reading What Happens In Florida If The Person You Leave Your Things To In Your Will Dies?