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 […]
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 […]
All Shook Up: Lisa Marie Presley’s Trust
In January 2023, Elvis Presley’s only daughter, Lisa Marie, died. Multiple online news sources subsequently reported that Lisa Marie’s mother, Priscilla Presley, filed documents in a California court alleging that Lisa Marie’s 2016 Trust Amendment is invalid. More specifically, online news sources reported that the trust amendment contains a misspelling of Priscilla’s name, there was […]
Ancillary Probate
Ancillary probate administration matters are secondary to domiciliary probate. Ancillary probate comes into play when a non-Florida resident dies owning real estate or other tangible property in another state, but owned property also in Florida. Chapter 734 of the Florida Statutes is the ancillary probate section of Florida’s Probate Code. The ancillary probate process would […]
Florida Probate – Public Record
A question often asked by potential clients is whether a probate case or probate court records can be somehow shielded from being publicly found in court records. The short answer to this question is no. A probate court record consists of the court-filed documents, which includes, among other things, a copy of the will, the […]
No Contest Clauses are Unenforceable in Florida
Sometimes testators include no contest clauses in their estate planning documents, thinking that these will help ensure their wishes will be honored after their death. No contest clauses, or “in terrorem clauses”, basically serve as a deterrent to a beneficiary of a will or trust, who might otherwise seek to challenge the terms of the […]
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 […]
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 […]
Pastors In Florida And Elsewhere Neglect Estate Planning Needs
Pastors of the Southern Baptist Foundation are usually more concerned with their spirituality rather than the worries of the physical world. Although this is commendable, this may have also caused many pastors in Florida and elsewhere to neglect doing any proper estate planning. A survey recently found that almost 40 percent of pastors in the […]
Fiscal Cliff Deal Changes Estate Planning Strategies In Florida
The recent fiscal cliff tax deal has had significant effects on how people are planning their estates. The most significant aspect of the fiscal cliff deal is the estate tax. The new legislation keeps the exemption for the estate tax at $5.12 million, which is now permanent and can be moved between spouses. There was […]