Recent Blog Posts
Is There a Time Limit to Establish Paternity in a Probate Case?
A common source of estate litigation is paternity claims. That is to say, individuals claiming to be a child of the deceased claim a share of the parent’s estate. In cases where the parent died intestate–without leaving a will–the children have certain inheritance rights under law. And this includes any children born outside of… Read More »
Can I Continue My Child’s Lawsuit After Their Death?
One reason it is important to have Florida will is that it may be necessary to continue litigation after your death. Let’s say you are involved in a civil litigation matter. If you die unexpectedly while the case is still pending, your estate would have to step in and continue the case for you…. Read More »
Florida Supreme Court Clarifies When Presumption of Paternity May Be Challenged
Florida probate law provides for the inheritance rights of children of a parent who dies without leaving a will–i.e., an “intestate estate.” Florida law makes no distinction between children born in or out of wedlock. But with respect to the father’s estate, the child’s paternity must be established, either by court order or a… Read More »
Can You Sue Someone for “Interfering” with Your Inheritance?
Disinheriting a child often leads to hurt feelings and, in some cases, legal action after a parent’s death. Although there is no legal reason you cannot disinherit your own child, if the disinheritance is the result of another person’s undue influence, the child may have standing to contest your will or trust. And Florida… Read More »
Dealing with Scammers Who Prey Upon Florida’s Senior Citizens
One goal of estate planning is to protect yourself during your lifetime from potential scams and financial abuse. Florida is well-known as a haven for the elderly. Unfortunately, this also makes Florida a magnet for unscrupulous individuals who try and take advantage of the elderly. FL Attorney General Sues Broward Couple Over Sales of… Read More »
Why Do I Need a Pour-Over Will if I Have a Florida Trust?
You often hear estate planning lawyers–including us–talk about the benefits of using a revocable living trust. The main advantage is that any assets placed in your trust do not need to go through the probate process. That is to say, those assets do not pass under your will, but rather are subject to the… Read More »
Can Your Florida Estate Collect Any Refunds Owed to You?
In preparing your Florida estate plan, it is generally a good idea to make a list of all the assets you presently own. This can make it easier when figuring out how to divide your property among your chosen beneficiaries. It can also give you a rough idea of how big your estate will… Read More »
Do You Need to Revise Your Beneficiary Designations After a Divorce?
You may not realize it, but you may own assets that do not pass as part of your regular Florida estate plan. A common example of this is an intangible asset, such as a retirement account or life insurance policy, where you previously signed a “designation of beneficiary” form. Such designations override the instructions… Read More »
5 Legal Duties of a Trustee in Florida
What exactly does a trustee do? This is a question we frequently get when advising clients on creating a revocable living trust. The short answer is that the trustee is the person responsible for managing the trust’s assets. The longer answer is that the trustee is charged with carrying out several legal duties outlined… Read More »
How Can a “Lady Bird Deed” Help My Florida Estate Planning?
There are a number of estate planning options available to Florida residents who want to transfer their assets without the need for an extended formal probate proceeding. One such option is something commonly referronableed to as a “Lady Bird Deed.” This is a special type of life estate deed that allows you to transfer… Read More »
