Category Archives: Probate Litigation
Can Your Florida Estate Collect Any Refunds Owed to You?
In preparing your Florida estate plan, it is generally a good idea to make a list of all the assets you presently own. This can make it easier when figuring out how to divide your property among your chosen beneficiaries. It can also give you a rough idea of how big your estate will… Read More »
What “Snowbirds” Need to Know About Florida Estate Planning
Florida has always been a welcome refuge for people looking to escape the harsh winters of colder climates. Indeed, it is common practice for many of these “snowbirds” to buy and maintain a second residence in Florida. If you are one of these people, you need to be aware of how owning real property… Read More »
What Happens to a Parent’s Child Support Obligations After Death?
Most Florida parents do right by their children. Unfortunately there are cases where a non-custodial parent fails to meet his or her child support obligations. If that parent dies and still owes back child support, the question naturally arises, does the custodial parent–or the child themselves–have the right to seek payment from the probate… Read More »
How the Medicare Secondary Payer Rule Can Impact Your Florida Estate
One potentially critical task for your probate estate is managing any litigation arising from your death. Unfortunately, many Floridians die each year due to acts of negligence or medical malpractice. The task of seeking damages against the responsible parties often falls to the estate, which is why it is so important to name someone… Read More »
What Happens When One Florida Estate Sues Another Florida Estate?
One of the key objectives of Florida probate administration is disposing of potential claims by and against the estate. In the latter case, the personal representative or administrator has a legal duty to pay all valid debts incurred by the deceased. At the same time, the estate must also take legal steps in order… Read More »
How Do I Challenge the Validity of a Will in Florida?
There are a number of situations where a party may need to contest the validity of a Florida will. One legal tool that a party may use to protect its interests is the filing of a “caveat.” This is essentially a notice filed with the probate court reserving the right to be notified if… Read More »
When Can Someone Be Declared Legally Dead in Florida?
The administration of a Florida probate estate can only begin once the person in question is deceased. That seems like common sense. But how does Florida law address cases where an individual is missing and presumed dead but there is no body or other concrete proof of death? Under Section 731.103 of the Florida… Read More »
Frequently Asked Questions About Summary Administration in Florida
Florida probate is the process by which property is transferred from a deceased individual (the decedent) to his or her beneficiaries. A formal probate administration can take several months–even years–depending on the complexity of the decedent’s estate. However, in some cases Florida law provides for a simplified probate process known as summary administration. Here… Read More »
Do I Need an Estate Plan If I’m Filing for Bankruptcy?
Estate planning is largely about disposing of your property. But what if you have filed for, or are contemplating, bankruptcy? Suppose you were to suddenly pass away before your bankruptcy is settled. What happens to your case, and what effect might it have on your Florida probate estate? Chapter 7 Liquidations Most individual debtors… Read More »
Will Adding My Child to My House Deed Help Avoid Probate?
A common estate planning goal for many Florida residents is keeping a home or other real property within the family. There are a number of options to accomplish this objective. You can simply leave the property to a family member in your last will and testament. But this means the home will need to… Read More »