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When someone passes away in Florida, their home or land often becomes co-owned by several heirs. Siblings, children, or extended family members may inherit the property together through a probate proceeding. While joint ownership can seem simple at first, it often becomes complicated when not everyone agrees on what to do with the property. One… Continue reading PARTITION AND INHERITED PROPERTY IN FLORIDA PROBATE

When a person grants a Power of Attorney in Florida, they confer extraordinary authority upon another individual—the agent—to act on their behalf in financial and legal matters. With that delegation of power comes an equally weighty set of legal obligations. The agent’s role is not one of convenience or opportunity; it is one of strict… Continue reading FIDUCIARY ABUSE UNDER FLORIDA POWERS OF ATTORNEY: UNDERSTANDING AGENT LIABILITY, STATUTORY DUTIES, AND REMEDIES FOR BREACH

When a loved one with a developmental disability turns 18, families often face tough questions. How do we balance independence with protection? How can we ensure that important decisions—like medical care, housing, or finances—are handled responsibly while still respecting the individual’s autonomy? In Florida, one answer is Guardian Advocacy. It’s a unique legal process designed… Continue reading GUARDIAN ADVOCACY IN FLORIDA: A COMPASSIONATE ALTERNATIVE TO GUARDIANSHIP

When a loved one grants someone a Florida Power of Attorney, they hand over immense control of their finances and property. That control comes with serious legal responsibilities. Florida law imposes strict fiduciary duties on agents—and when those duties are violated, the law provides remedies. One of the most important of these duties is the… Continue reading FLORIDA POWER OF ATTORNEY LITIGATION – THE DUTY TO PRESERVE ASSETS AND ESTATE PLANS

Guardianships in Florida are critical legal tools for protecting individuals unable to manage their affairs. These arrangements, however, are not necessarily permanent. Whether due to the ward’s death, restoration of capacity, or other circumstances, guardianships must eventually come to an end. Concluding a guardianship involves detailed procedures that ensure the guardian has fulfilled their duties… Continue reading FINAL STEPS IN GUARDIANSHIP: CONCLUDING GUARDIANSHIPS IN FLORIDA

Florida’s new law, Section 82.036, has brought a significant shift in how property owners can handle unlawful detainer situations.  Remember unlawful detainer is the remedy for when someone has no legal right to reside in your premises.  If there is a claim by the occupant of ownership the appropriate remedy is an ejectment.  Finally if… Continue reading New Florida Law Provides Faster Process for Property Owners to Remove Unauthorized Occupants – New Unlawful Detainer Law

In Florida probate law, the role of a personal representative is essential to the administration of an estate. The personal representative is entrusted with managing and distributing the decedent’s assets according to their will or, in the case of intestacy, under Florida’s laws of intestate succession. However, not all personal representatives remain in their position… Continue reading THE REMOVAL OF A PERSONAL REPRESENTATIVE IN FLORIDA PROBATE LAW

In Florida, probate law provides clear pathways for resolving estate disputes, and one key principle is that probate remedies must be exhausted before a party can file a tortious interference claim. This doctrine protects the integrity of probate proceedings and prevents beneficiaries from bypassing probate in pursuit of tort claims. In this post, we’ll explore… Continue reading FLORIDA INHERITANCE DISPUTES – TORTIOUS INTERFERENCE CLAIMS

When a settlor (creator) of a trust dies, sometimes it is necessary to probate their estate.  While one of the great things about having a trust is the ability to potentially avoid probate, sometimes it makes sense to open a formal administration to be able to probate the settlor’s estate. It all starts with the… Continue reading DEMYSTIFYING THE ROLE OF TRUSTS IN A FORMAL ADMINISTRATION