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…
Articles Posted in Probate Litigation
Who Gets Child’s Remains When Parents Do Not Agree?
There was an interesting case published today regarding who got the remains of their son’s cremated ashes when the mother and father could not agree. One parent tried to state that the remains should be split and filed a partition case in much the same way as one would do…
Undue Influence Florida
We often get questions about contesting a will because of Undue influence in Florida. Undue influence is a cause of action that is used to challenge the validity of a will, trust, or other testamentary document. You can not challenge a will until the person who has created it has…
Improper gift to a lawyer in a will or other estate instrument void
New Florida Statutes §732.806, which is effective October 1, 2013, makes an improper gift to a lawyer in a will or other estate instrument void. The new statutory provision is here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.806.html The new Florida statute in effect tracks 4-1.8(c), Rules Regulating The Florida Bar and incorporates it into the…
How to Remove the Personal Representative of an Estate in Florida
One or more of the persons interested in the decedent’s estate usually are unhappy with the personal representative (PR). Some have valid reasons, but others are influenced by sentiments of jealousy or by past rivalry. If you are unhappy with the PR of an estate in which you have an…
How to Object to the Appointment of the Personal Representative of an Estate in Florida
A family member or someone you care for has just passed away and you have been served with a copy of the notice of administration of his or her estate. The copy should include the name and address of the preferred or nominated personal representative (PR) of the decedent’s estate.1…
How to File a Claim Against Your Agent for Breaching his or her Fiduciary Duties in Florida
An agent is someone you chose to act on your behalf. If an agent acts on your behalf and under the scope of his or her authority, then you will more likely than not be bound to his or her decisions. However, your agent has the fiduciary duty to act…
The Benefits of being a “Reasonably Ascertainable” Creditor
Serving as a personal representative to an estate comes with many rights and obligations (see Chapter 733 of the Florida Statutes). One of those duties, for example, involves contacting creditors of the deceased person and letting those creditors know of the death. Those creditors then have a period of time…
The Importance of Proving Damages in a Tortious Interference Case
At face value, “tortious interference” occurs when someone interferes with some sort of expectation to a level that prompts judicial involvement. It often occurs in a business context, referred to as “tortious interference of business expectations,” and typically involves a defendant who has interfered with another party’s contract expectations. A…
Removing a Personal Representative in a Florida Probate
In Florida the personal representative is appointed by a court and does not become a personal representative until appointed even if they are named as the personal representative in a decedent’s Will. The court will look first to any Will that specifies the priority of a Florida personal representative. If…