Category Archives: Probate Litigation
Who Pays for Estate Litigation in Florida?
Estate litigation broadly refers to disputes involving the administration of a person’s will or probate estate. For example, someone may contest the validity of the will itself. In other cases, there may simply be a disagreement over the proper construction or interpretation of the will. Of course, such litigation can be costly for the… Read More »
My Mother Died With Just $500 in Her Checking Account – Do I Need to Open a Probate Estate?
Some people think that when a family member dies, that means there must be a probate estate. In fact, there are many situations where a person does not leave any assets that are subject to probate–i.e., they were placed into a trust or subject to joint ownership. But what about cases where someone only… Read More »
Own a Florida Business? Make Sure You Name the Right Executor for Your Estate
When you own a business, its debts do not die with you. Instead, they must be addressed as part of the probate administration process. This means that you need to make sure the executor or personal representative named in your will is capable of handling or winding up the affairs of your business–otherwise your… Read More »
Understanding Florida Probate Deadlines
One of the basic principles of Florida probate administration is that there are certain legal deadlines for creditors to present claims against an estate. The way the process normally works, the personal representative (executor) of the estate publishes a notice in the newspaper. This notice says that anyone with a claim against the estate… Read More »
Can I Use a “No-Contest” Clause in My Florida Will or Trust?
One of the biggest reasons people make an estate plan is to minimize the potential for litigation among family members. You have no doubt seen stories in the news about heirs fighting for years in court over a loved one’s estate. In some of these cases they are not even fighting over a particularly… Read More »
Does My Estate Have to File Tax Returns After I Die?
An often overlooked component of estate and probate administration is addressing any outstanding tax liabilities of the deceased person. This can be more complicated than you might think. With respect to federal income taxes, your personal representative may need to file two separate returns: one for you as a deceased individual, and one for… Read More »
Who Is Considered an “Interested Person” in My Estate?
A common issue in Florida estate and probate administration is determining who qualifies as an “interested person.” This is a legal term used to describe someone who may be affected by the outcome of an estate administration. An interested person has certain legal rights within the probate process, so it is important to understand… Read More »
How Does a “Tenancy by the Entirety” Work in Florida?
One way that married couples can leave an asset to one another without the need for probate is by holding the property as “tenants by the entirety.” This is a special form of property ownership exclusively available to married co-owners, although it is similar to a joint tenancy with right of survivorship. With a… Read More »
Is There a Time Limit to Establish Paternity in a Probate Case?
A common source of estate litigation is paternity claims. That is to say, individuals claiming to be a child of the deceased claim a share of the parent’s estate. In cases where the parent died intestate–without leaving a will–the children have certain inheritance rights under law. And this includes any children born outside of… Read More »
Florida Supreme Court Clarifies When Presumption of Paternity May Be Challenged
Florida probate law provides for the inheritance rights of children of a parent who dies without leaving a will–i.e., an “intestate estate.” Florida law makes no distinction between children born in or out of wedlock. But with respect to the father’s estate, the child’s paternity must be established, either by court order or a… Read More »
