Examining Committee Reports in a Contested Incapacity Proceeding
If you have sought the determination of capacity and the appointment of a guardian with respect to a loved one by filing the appropriate petitions with the guardianship court, and these petitions are contested, you should be cognizant of this trap with respect to the examining committee reports. When a petition to determine incapacity is […]
Notice to Creditors in a Florida Probate
A notice to creditors is a newspaper publication. It is a public announcement in the county where the decedent died. This announcement is done by the appointed personal representative (through their lawyer), which is done to alert or give notice to a decedent’s potential creditors about the death and that there is a probate proceeding which […]
4th DCA: What’s a “qualified beneficiary” and why should trustees care?
Under Florida’s Trust Code there are two classes of beneficiaries, and which class you fall in is a big deal. As defined in F.S. 736.0103(4), the term “beneficiary” refers to the entire universe of persons who have a beneficial interest in a trust, as well as to any person who has a power of appointment […]
Tortious Interference with an Expectancy
Tortious interference claims occur when one commits tortious conduct in an attempt to deprive or interfere with the inheritance of another, such as by way of fraud or duress, which interferes with the inheritance or gift going to whom the decedent had intended. In such an instance, if the third party was successful in not […]
Void or Lapsed Devises
What To Do With Old Wills Updating your estate plan every few years, and particularly after a big life event (such as death, divorce, having a child, etc.), is most often an estate planner’s recommendation. That being said, people do not always follow those recommendations. Sometimes wills which are 10 or more years old are […]
Reopening a Florida Probate
Can a Florida Estate Be Reopened After Probate? Just because a probate in Florida has been closed by a court, this does not mean that it cannot be reopened. Indeed, public policy favors finality and the closing of estates. A non-contested estate is supposed to be closed within 12 months from the issuance of letters of […]
Ashes to Ashes – Ashes are not Property to be Divided
The question of whether ashes of a deceased person can be divided comes up often among family members, distraught over the loss of a loved one, and particularly in modern day family situations with divorced parents and blended families. This question was answered in 2014 in the Fourth District Court of Appeal’s opinion in Wilson […]
Witnessing a Will – Florida’s Rules
The witness requirements to a will are clear and are set forth in Fla. Stat 732.502, that the testator must sign or acknowledge his signature on the will in the presence of two witnesses and that the attesting witnesses must sign the will in the presence of the testator and in the presence of each […]
What Happens To Your Florida Estate If You Die Without A Will?
There are many reasons why a person may die without a will. One of the most common is that no one wants to face their mortality and it is hard to avoid that if you are planning what happens with your estate when you die. Another is that you don’t think your estate has enough […]
A Conservatorship Can Be Abused In Florida And Anywhere Else
When a person becomes unable to make decisions for himself or herself, the court may step in and deem the individual incompetent. The next step is to assess the individual’s circumstances and to appoint a conservator for his or her benefit, when necessary. A conservatorship in Florida and elsewhere is meant to ensure the safety […]