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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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.” -
What does it mean that the person executing the will lacked capacity? A will may be invalidated if the person executing the will (called the testator (male) or the testitrix (female)) cacked the capacity to execute the will. Generally the person executing the will will have "sound mind" when he or she has the ability to mentally understand in a general way:(1) the nature and extent of the property to be disposed of; (2) the testator's relation to those who would naturally claim a substantial benefit from his will; and (3) a general understanding of the practical effect of the will as executed. -
Do I need a trust? I am often asked whether an individual or couple needs a trust. Most people are not sure what a trust is, but they have heard that a trust may help them “avoid probate.” Before deciding whether you (individual or couple) need a trust it is helpful to know what a trust is. Basically, a trust is a legally enforceable agreement between the settlor (person or persons creating the trust), the trustee (the person, people or entity that has certain duties defined in the trust agreeement) and the beneficiaries. The duties the trustee has to manage the trust property and the duties the trustee has toward the settlor and the beneficiaries are defined in the trust agreement and by state (Florida) law.