Creditors only have 90 days to file claims in a Florida Probate once notice has been published. For this reason it may be beneficial to publish notice as soon as possible. Unfortunately, you can only publish notice once a Personal Representative has been appointed. If there is a dispute about…
Articles Posted in Probate Litigation
Lost Wills in Florida Require Live Witnesses
A lost Florida Will is a will that was lost or destroyed without the decedent’s knowledge or consent and without his or her intent to revoke. The original Florida Will of a testator can be revoked in a number of ways but the individual must have the intent to revoke…
Contesting a Will in Florida
Florida Will Contests: Occasionally a family member or friend passes away with a Florida Will that gives less than expected to an heir of the decedent. This situation usually gives rise to an inquiry about a will contest. A will contest happens when the disgruntled heir challenges the will by…
Gary Coleman’s Will Contest
During the late 1970’s through mid 1980’s, Gary Coleman became a promising young star on the television sitcom Different Strokes. His character’s catchphrase “What you talkin’ ’bout, Willis?” made numerous people laugh during the shows 8 year run. Sadly after his passing and subsequent cremation, his relatives will not be…
Removal of a Florida Trustee
Florida Revocable Trust are managed by a Trustee who is the person(s), or in some cases entity, that hold legal title to property for the benefit of an equitable title holder. Often the grantor of the Florida Revocable Trustselects the trustee who is responsible for making sure the beneficiaries are…
Avoiding Florida Estate Planning Pitfalls
Florida Estate Planning involves many situations where is the potential do have disputes over money or assets. Many problems arise from poorly planned and drafted estate planning and these can lead to fights amongst family members, IRS audits, and lead to high litigation costs. Focusing on your specific needs can…
Requirements for a Florida Qualified Disclaimer
In a recent article I discussed disclaimers, which are a refusal by a person to accept an interest in property. According to the Internal Revenue Code § 2518, the following is a list of requirements for a qualified disclaimer to be effective in Florida. (1) A refusal is in writing,…
Florida Elective Share of a Spouse
Under ideal circumstances a husband and wife will agree to what the surviving spouse should receive when the other dies. However, many times when this doesn’t happen the surviving spouse receives a portion of the estate they are unsatisfied with. For example, an elderly couple who marries later in life…
Florida – Do it Yourself Estate Planning goes bad
It has been a while since I updated my Do it yourself estate planning mistakes but I wanted to point you to some of the previous articles on the unintended consequences that can occur when individuals and family members use fill in the blank forms that are not customized for…
Jacksonville Trial Attorney
A Jacksonville Trial Lawyer can be very helpful in the event that your dispute needs to go to trial. There are many different types of Jacksonville trial attorneys. The Law Office of David M. Goldman PLLC has Jacksonville Civil Trial lawyers as well as Jacksonville Criminal Trial Lawyers. We Deal…