Florida Probate
Questioning Language of Crescenzo Case…
As you know, last week, this author published a blog on the Crescenzo case. A well, known, very respected probate and trust litigator and good friend, Andrew B. Sasso, responded to me with some thoughts. As this author is not a litigator, clarifications are always...
Beneficiary Designation Divorce Legislation Passed
Under current law, provisions of a will or trust which affect the spouse are void upon divorce or annulment of the marriage. For example, if W (former wife) received anything under H’s (husband) will or trust, W would be treated as predeceasing H subsequent to the...
A Caveat… Do You Have to Follow the Form?
A caveat, authorized under Florida law, is filed with the court by a creditor or interested person to ensure that the creditor or interested person has an opportunity to object to the will and receive notice of probate proceedings. The probate rules provide specific...
Every Word Counts…Be Careful How You Draft…
In drafting a document it is important to mean what you write and write what you mean. A recent case, Sibley v. Estate of Sibley illustrates what happens when the term “in existence” is not specifically defined in the document. In Sibley, Curtiss Sibley (“Curtiss”)...
Proper Beneficiaries in an Intestate Estate? Recent Case Discusses Time Limitations of Paternity Testing
Proper Beneficiaries in an Intestate Estate? Recent Case Discusses Time Limitations of Paternity Testing. A recent case, Robinson V. Estate of John E. Robinson analyzed Florida law regarding the statute of limitations (“SOL”) on paternity testing when an individual...
Estate Owns a Car? Be Careful!
When an individual passes away, assets held in such individual’s name (and with no named beneficiary) generally become assets of that individual’s estate. Assume the individual owns a car, dies and his child drives the car before someone is appointed as personal...
Does an Adoption REALLY mean an Adoption for Inheritance Purposes?
Under Section 63.172 and Section 732.108 of the Florida statutes, if a biological child is adopted away from a biological father, and the child’s biological father dies without a will (intestate), then the child will not inherit because the child is considered a child...
What if the Will and an LLC Operating Agreement Conflict? Which Controls?
Generally, the terms of a Will control the disposition of a decedent’s assets at death (unless the assets are governed by a trust, a beneficiary designation or a payable on death or another similar account). Assume a decedent owns a membership interest in a limited...
Small Bank Accounts… Easier Way to Probate?
An interesting topic arose at the last meeting of the Florida Bar Real Property, Probate & Trust Law Section (“RPPTL”). Bankers have proposed legislation which may make it easier to distribute certain accounts held by a decedent at a financial institution. The...
Yahoo Does Not Say Yahoo After This Case….
In a case which has been litigated since 2010, a Massachusetts Supreme Court has determined that a personal representative has the right to obtain information from a decedent’s Yahoo account. In Ajemian v. Yahoo, Inc. Mr. Ajemian passed away but had no testamentary...