Florida Probate Lawyer Blog
Our Florida probate attorneys post blogs on a wide variety of topics including how to file state and federal estate and income tax returns, deal with creditors, and distribute assets according to the Florida law. Read our latest blogs and contact us today if you would like to speak with a Florida probate lawyer to receive more information. We represent clients in Fort Myers, Cape Coral, Bonita Springs, Naples, Punta Gorda and the surrounding cities.
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The Florida requirements for a durable power of attorney are changing Effective October 1, 2011 Florida has revised the law concerning durable powers of attorney. The statute relating to compensatoon is presented below. -
Noticing creditors is a big part of the probate process What happens in a probate? A big part of the process is making sure that the decedent’s creditors receive proper notice in a probate proceeding. -
Does your trust or estate own your tangible personal property? People often have valuable items of tangible personal property (i.e., jewelry, artwork). However, how is that property trasnferred to a revocable trust? -
This will contest demonstrates that it is critically important to have a qualified, experienced attorney prepare an estate plan to avoid endless litigation. The Estate of James Brown is a good example of why you need qualified counsel to set up your estate; the will contest just keeps going and going -
Elderly couple loses everything Misuse of a durable power of attorney allows gambling addict to steal all an elderly couple’s assets. -
Florida appellate court holds that husband and wife can waive homestead rights by signing a joint deed. The third district court of appeals has just decided a case indicating that a husband and wife can waive their homestead rights to homestead property by signing a joint deed transferring the property to one spouse without signing a separate waiver of homestead rights. -
Second District Court of Appeals rules that joint tenancy property is not automatically converted to decedent's homestead because decedent had minor children. Florida appellate court rules that property held by a decedent with his mother as joint tenants with right of survivorship is not the decedent's homestead despite the fact that the decedent had minor children. -
The court has authority to sanction meritless claims in probate disputes. Probate disputes can be intensely emotional. It is not uncommon in a litigated probate dispute to find one party making false claims that lack any factual basis. However, a recent district court of appeals decision reaffirms the trial court judge's right to sanction the behavior of litigants who make claims without a factual basis. -
The lawyer made a mistake drafting the will and dad signed it, and now dad has died! (Part 1) If the person signing a will or trust doesn’t completely read the document, but then signs it and the executed document contains mistakes that reduce what I as the beneficiary would have received, what are my options? -
But should I choose an attorney off the internet? I always ask people how they found me. This person said “I found you on the internet, but that is not a good way to find an attorney.”