In Florida, a personal representative is required to administer the estate of the deceased. Usually, this person is named in the estate owner’s will, and is someone the estate owner trusts to transfer his or her assets to friends and loved ones. If the person does not have a…
Articles Posted in Probate Litigation
BB King Heirs to Challenge his Will
BB King’s heirs have alleged the blues legend’s business manager has misappropriated millions of dollars and unduly influenced his estate. A lawyer representing BB King’s heirs told the press the heirs would seek to challenge the will and the actions of the manager as undue influence. The law allows the…
Florida’s Probate and Trust Codes, 2015 Amendments Regarding Attorney’s Fees
In Florida, the Florida Probate Code and the Florida Trust code govern the administration of estates and trusts. These codes establish the rules and procedures for all probate matters such as the administration of a will. The Florida Legislature has recently amended the Florida Probate Codes. Attorneys Fees and Costs…
How does the probate process work in Florida?
In Florida, the assets of an estate can be transferred in three different ways upon the death of the estate owner. Some assets are transferred freely without a court’s approval by contractual terms. A court will also provide limited administration for an estate worth under $75,000. Finally, there is a…
Florida Probate Intake form
Many of our clients have asked us to put our Florida Probate Intake form online so that they can easily download it. You can download the Florida Probate Intake form with the following link: Probate Intake Form.pdf
If a person dies intestate what proof must their children show the court to prove they are the heirs to the estate?
Most Florida probate courts simply accept the information contained in the pleadings that are filed with the court. These pleadings are usually signed “under penalties of perjury”. Some courts (such as Citrus Count and Miami-Dade County) often require an Affidavit of Heirs.pdf to be filed along with the pleadings. There…
Can a surviving spouse claim loss of consortium after the other spouse dies?
A recent ruling by the Fifth Florida Appellate Court on Friday allows surviving spouses to claim loss of consortium separately from others claims after the spouse dies. The surviving spouse Margaret Randall filed the case, Randall v. Walt Disney World Co., in 2006 after her husband Barry Randall allegedly suffered…
Estate Planning: The Risk of Creating Your Own Will. Is it valid?
The Florida Supreme Court recently decided the long and costly case of a deceased woman who tried to write her own Will using an online legal form. In Aldrich, v. Basile, Ann Aldrich used a pre-printed legal form to draft a Will. She did this most likely to avoid paying…
Probate Law: Can a spouse be disinherited from a will?
Modern estate planning has changed with the fabric of the modern American family. It is more common to now see scenarios such as estranged parents who stay married to raise children, or even married couples that live their lives completely separated from each other. A common question asked by many…
Florida Probate: Who gets the engagement ring when the fiancé dies before marriage?
Throughout the world, the engagement ring is known as a symbol of the love shared between two people who intend to marry. Engagement rings are expensive and often one of the most valuable assets a person will owns. However, marriages in today’s world don’t always last, and a big issue…