If you’re going to sue a decedent’s probate estate, the first question you’ll need to ask yourself is if your lawsuit is going to be subject to Florida’s ultra-short limitations periods for probate creditor claims. And to answer that
Florida’s new Community Property Trust Act is the subject of two excellent Florida Bar Journal articles by Orlando attorney Joseph Percopo (see here and here). But nothing quite beats an insider’s view on new legislation from the person primarily
As reported in A jury rules a handwritten will found under Aretha Franklin’s couch cushion is valid:
A jury in Michigan has ruled that a [2014] note handwritten by the late soul singer Aretha Franklin is valid as her
Heirs property generally refers to family-owned property inherited by multiple generations without formal legal proceedings, resulting in a lack of clear title proving ownership. As explained in a 2018 Florida Bar Journal article entitled The Disproportionate Impact of Heirs Property
F.S. 46.021 tells us that “[n]o cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended [against the decedent’s estate].” However, how you go about prosecuting a case — and the length
The same evidence that authorizes a probate judge to remove a personal representative nominated in your will could get her reversed on appeal for refusing to appoint this same person as personal representative at the outset. Same facts, same players,
If you’re a Florida probate attorney, sooner or later you’re going to have to figure out if a will or trust that was perfectly valid and legal in some other state or country, works in Florida. It’s not a matter
Oral (nuncupative) wills and un-witnessed handwritten (holographic) wills aren’t valid in Florida under any circumstances, no matter how strong the evidence is that they’re otherwise legitimate.
On the other hand, if a handwritten will’s properly witnessed
Article X, section 4(c) of the Florida Constitution consists of two operative sentences, each of which deals with a totally distinct facet of Florida homestead law. The first governs restrictions on the devise of homestead property, which is an issue
In defending their work politicians often repeat a quote attributed to Otto von Bismarck: “If you like laws and sausages, you should never watch either one being made.”
Those words of wisdom apply with equal force to certain Florida trust