You’ve been disinherited – Now What?
Learning that you have been left out of a family member’s or friend’s will can come as a shock, and whether the omission from the will was intentional or accidental, it is one of the most common bases for will disputes. Immediate action and consultation with a probate litigation attorney is essential on these kinds […]
Family Members serving as guardians are also entitled to compensation: Jones v. Guardianship of Jones, 325 So. 3d 109 (Fla. 5th DCA 2020)
In this relatively recent opinion from the Fifth District Court of Appeal, Penelope Jones was appointed by the guardianship trial court as the guardian of her father, and in connection with this guardianship proceeding, Penelope sought guardian compensation. The trial court denied compensation on the basis that she had “an obligation to provide such services […]
Appointment of a Personal Representative: Araguel v. Bryan, 343 So. 3d 1236 (Fla. 1st DCA 2022)
The First District Court of Appeal, in the recent case of Araguel v. Bryan, 343 So. 3d 1236 (Fla. 1st DCA 2022), held that the probate court was without discretion to appoint an otherwise-qualified personal representative who is nominated in a decedent’s will. In this case, Araguel petitioned for the administration of his mother’s last […]
Destruction of a Will
To be an effective revocation of a will, the destruction of a will in Florida requires the intent to revoke that will. Florida Statute 732.506 provides: Revocation by act.—A will or codicil is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by burning, tearing, canceling, defacing, […]
A Trust Contestant is Entitled to Prior Estate Planning Documents to Establish Standing: Boren v. Rogers, 243 So. 3d 448 (Fla. 5th DCA 2018)
This 2018 opinion from Florida’s Fifth District Court of Appeal is an issue often found in trust cases when conducting discovery. The Fifth District held that, in a trust contest, unless there is a finding of good cause not to produce the documents, a trust contestant is entitled to obtain prior estate planning documents of […]
Convicted Felons Cannot Serve as Personal Representative
It is statutory Florida law that a person is not qualified to act as a personal representative of a decedent’s estate if the person has been convicted of a felony. This is codified in Fla. Stat. 733.303 which states: 733.303 Persons not qualified. — (1) A person is not qualified to act as a personal representative if […]
Probate as relates to IRAs and Life Insurance
Generally speaking, the probate process in Florida begins with filing a petition for administration in the circuit court, in the county where the decedent resided at the time of their death. From there, the next step is for the court to appoint a personal representative to administer the decedent’s estate, by issuing a court order which […]
Estate of McKenzie v. Hi Rise Crane, Inc.
326 So. 3d 1161 (Fla. 2d DCA 2021) This case is one which demonstrates the application of the “relation back” doctrine, which may arise in cases when a personal representative for an estate is not appointed promptly. In this First District Court of Appeal opinion from 2021, the court analyzed the “relation back doctrine” of […]
Is there privacy in probate?
An often-asked question from potential clients is whether probate matters can remain private and protected from the public eye. Most people want their personal family and financial affairs to stay private. But, if you have a will, it must be deposited (filed) with the probate court after your death. (To be technical, the custodian of […]
Florida Family Allowance
In Florida, during the pendency of the estate administration, a surviving spouse and the decedent’s lineal heirs are entitled to what is called a “family allowance” for their maintenance during the administration. This is set forth in Fla. Stat. 732.403, which states: In addition to protected homestead and statutory entitlements, if the decedent was domiciled […]