Florida Probate
What is probate, and when is it necessary?
End of life planning is a challenging topic for anyone going through it. However, it is necessary for both the individual reaching that stage if they want to protect their assets and make their wishes known. This planning involves making decisions about what to do...
Is That Joint Bank Account Really “Convenient”?
Larkins v. Mendez illustrates how a bank account titled in joint names with right of survivorship ("JTWROS") between a decedent and his child may NOT be distributed to the surviving child, if the decedent named the joint owner merely for convenience. If established as...
LLC Operating Agreement vs. Will…Which Controls as to Disposition of Property?
The court determined in Tita v. Tita, that a specific bequest in a will overrides language in a limited liability company operating agreement. See a discussion on this matter in another case in a prior blog here. John Tita ("Decedent") signed his Last Will and...
Settlement in Probate Proceeding? Magic Language Should be in the Order!
In a probate proceeding, the personal representative and beneficiaries may have a dispute and reach a settlement agreement to resolve the controversy. The terms of the settlement agreement must be drafted carefully and referenced in the order approving the settlement...
Who Has Standing to Object in Probate Proceeding?
In Duff-Esformes v. Mukamal, a trial court overruled an objection by a beneficiary of an estate. The beneficiary of the estate was also a beneficiary of the trust into which the estate "poured over". Nathan Esformes died in 2015. His beneficiaries in his will were...
Disgruntled Beneficiaries…. We All Know Them!
Many of us have experienced beneficiaries who want their money the day after the decedent dies! In a recent case, the court determined that the personal representative did everything right and, in fact, the disgruntled beneficiary created many of the issues. In...
Making a long probate even longer
In Florida, as in other states, the probate process can be unpredictable. Even if the estate involved is relatively small with only one or two heirs, those heirs can expect to wait six months to a year before the process ends. If you have recently lost a loved one and...
What can I expect during probate?
Following a loved one’s death, you may be dealing with many complex and confusing events. Certainly, you will have to face the funeral or memorial service, and you may be supporting and consoling grieving relatives and friends. Eventually, however, you will have to...
Probate answers questions your loved one leaves behind
After someone dies, there are many steps loved ones must take before they can move on with their lives. Naturally, this includes making plans for a funeral or memorial, and it certainly involves taking time for the grieving process. However, one part of closing one...
Which Controls? The Partnership Agreement or the Will?
In Finlaw v. Finlaw, the court determined that a provision for disposition of a partnership interest overrode the terms of a decedent's Last Will and Testament. The decedent, Twila, together with her husband and the Palmers, entered into a partnership agreement (the...