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Category Archives: Estate Litigation


What Is the “Probate Exception” and How Could It Affect My Future Estate?

By Rusty |

Probate estates are administered under state law. That is to say, when you open an estate for a deceased person, you do so by filing a petition with a Florida state court, which oversees the proceedings. Federal courts typically do not get involved with the administration of estates under a judicial rule known as… Read More »

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Florida Court Rejects Daughter’s Claim Against Father’s Estate 18 Years After His Death

By Rusty |

There are different rules in Florida when making a legal claim against an estate versus a still-living person. That is to say, if you believe a now-deceased individual owes you money, your legal remedy is to file a claim against their probate estate. And typically, you need to file such a claim within a… Read More »

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Does Florida Permit Lawsuits for “Tortious Interference” with an Expected Inheritance?

By Rusty |

There is a special type of claim that occasionally comes up in probate law known as “tortious interference.” Let’s say Lewis makes a will leaving his estate to his daughter Sarah. But Lewis subsequently makes a new will disinheriting Sarah. Sarah believes her father’s change-of-heart was due to the fact he was under the… Read More »

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