Husband Improperly Transferred Millions to His Girlfriend Without Wife’s Knowledge
Wallace v. Torres Rodriguez, — So. 3d —, 2022 WL 1481782 (Fla. 3d DCA 2022) This recent case from the Third District Court of Appeal involved a husband, a wife, and the husband’s longtime girlfriend. In 2010, the wife, Patricia, asked her attorney to draft an irrevocable trust agreement for both her and the husband, […]
Florida’s Elective Share Overview
In Florida, one cannot completely disinherit their spouse. The right to a surviving spouse’s estate is called the elective share, which is thirty percent (30%) of the decedent-spouse’s estate. Fla. Stat. 732.2065. Indeed, a decedent’s surviving spouse is entitled to four different rights which come into play in the absence of a valid prenuptial or […]
No Will? Who is to be the Personal Representative?
In an intestate estate – i.e., an estate in which the Decedent died without having a will – the state of Florida’s Probate Code statutes dictate how the Decedent’s assets will be distributed. Assuming the Decedent was married, the surviving spouse typically is the one appointed as the personal representative. Next in line would be […]
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 […]
Estate tax and related planning
The estate tax affects only certain estates: in 2023 it applies to estates exceeding a taxable value of $12.92 million, which is taxed at a rate of 40%. While this does not give cause for concern to many, these figures can and do change. Estate tax is often debated in politics and it frequently changes. […]
Does a person’s debt go away when they die?
The short answer: No, the debt does not simply go away when someone dies owing a debt. Generally speaking, a decedent’s estate is responsible for paying any unpaid debts, and no one else is required to pay those debts. When a decedent dies, their assets pass to their estate, and if there is no money […]
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 […]