Category Archives: Estate Litigation
What Is the “Probate Exception” and How Could It Affect My Future Estate?
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 »
Florida Court Rejects Daughter’s Claim Against Father’s Estate 18 Years After His Death
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 »
Does Florida Permit Lawsuits for “Tortious Interference” with an Expected Inheritance?
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 »
