Florida Probate
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...
Ancillary probate for property in another state
If your parents or other loved ones sought relief from harsh winter weather, chances are they escaped to the south during the colder months. On the other hand, if they called Florida their home, they may have enjoyed their summers in a cooler clime. No matter what...
Settling a Probate Claim? READ the Documents Supporting the Claim!
The recent case of Millini v. Paulucci reminds us that simple mathematical calculations may not correct if you do not read the document on which you are basing the calculations. Incorrect calculations can lead to the dreaded word for any attorney... malpractice......
Why Unclaimed Property Searches Need To Be On Your Probate Checklist
In Bartsch v. Costello, 2015 WL 3759702, James Bartsch died in 2002 and was survived by a spouse and two children, one of which was from a prior marriage (“Daughter”). Bartsch’s death certificate incorrectly listed him as divorced and his wife, Agnes, did not have the...
Another Reason to Keep Harmony in the Home 🙂
Generally under Section 732.802 of the Florida Statutes (the “Slayer Statute”) if someone murders another person, the murderer can NOT inherit from the person they murdered. That makes sense but what happens when the murdered person left assets to the murderer’s...
Paper…A Relic of the Past? Yes… At Least As To Most Court Filings…
If you have a claim against a decedent’s estate, then under Section 733.702(1) of the Florida Statutes such claim MUST be filed within the later of 3 months after publication of the notice to creditors or 30 days after receipt of the notice to creditors. Electronic...
Co-personal representatives or co-trustees.. Good idea?
Most of my clients are very sensitive to their children’s feelings and want to treat all of them equally. While that may be a great idea as to the distributions under a trust or a will (or it may not depending on the circumstances), the idea of joint trustees or...
A New Will and Revoking Your Old Trust… The Devil is in the Details!
Many individuals have created revocable trusts that no longer meet their needs or they do not want a trust. They do not care about “avoiding” probate and some actually want court supervision! What happens if an old revocable trust is not properly revoked or, having...
What’s New in 2015?
In the 2015 session, the Florida legislature passed some very important bills applicable to guardianships, health care surrogates, minors, estate planning and probate. Here are a few of those with links to the actual bills: 1. HB 5, which has been signed by the...
An Intersection of Litigation and Probate… Do Not Crash!
A recent case indicates how litigation and probate often intersect. If you or your attorney do not understand litigation procedural rules, then you could lose valuable rights. In Sudman v. O’Brien, Theresa Z. Sudman (“Theresa”) lost her right to object to a court...