Category Archives: Wills Probate
Can You Disinherit an Adult Child in Florida?
In a recent case, Pawley v. Estates of Wallace, the Florida Third District Court of Appeals rejected a man’s attempt to challenge the wills of his late parents, who died in 2019 and 2020, respectively. Both wills disinherited the man, meaning he received nothing from either of his parents’ probate estates. The reason for… Read More »
Can I Use a “Penalty Clause” to Prevent a Contest to My Florida Will or Trust?
Creating a trust or will allows you to direct the disposition of your assets upon your death. A common benefit of such estate planning is that it minimizes the potential for conflicts, and potentially litigation, among family members who believe they have a valid claim to a deceased loved one’s property. That said, some… Read More »
“Interested Persons” and Florida Probate Litigation
An important concept in Florida probate law is the “interested person.” Essentially, an interested person is someone who has certain legal rights with respect to the administration of a will and probate estate. Depending on the nature of the estate, there may be many interested persons, including individuals who may not realize they enjoy… Read More »
Inheritance Disputes Between Siblings: and What You Can Do to Prevent Them
For many families in Florida, the truly difficult part of the probate process is not in navigating the legal framework. Unfortunately, grief all too often turns to familial conflict as family members grapple with how inheritances are distributed. Tolstoy famously stated: “every happy family is alike; every unhappy family is unhappy in its own… Read More »
Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part II
In this series installment we conclude this initial conversation concerning durable power of attorney vs. medical power of attorney. We will discuss some general facts surrounding powers of attorney, as well as why it is a good idea to work with a wills & probate attorney when creating a power of attorney. For official… Read More »
Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part I
No one anticipates that they will one day become incapacitated. Unfortunately, we cannot know what the universe has in store. No one can tell the future, and preparing for every unknown is a responsible way to ensure your interests and your families’ are looked after: come what may. Understanding how a power of attorney… Read More »
Why You Need to Write a Will
“Alright,” we can just hear you thinking. “Here we go again. So, tell me. WHY do I NEED to write a will?” Yes, you have probably heard that you need to write a last will and testament before. And, just like other important tasks that are easily put off until later, you have probably… Read More »
How Strategic Titling Can Help Bypass the Need for Florida Probate
Florida probate law and processes exist for an important reason: they help ensure that estates are legally settled, and that beneficiaries receive their intended inheritances. The importance underlying these goals is why probate is required in Florida under a great many circumstances. However, if you understand the purposes behind Florida probate, you can manage… Read More »
What to Do When a Loved One First Passes Away in Florida
It is never easy to live through the loss of a loved one. In the midst of that grief, it is an unfortunate reality that many urgent responsibilities arise after someone passes away. It is not uncommon for a grieving family to suddenly have to navigate a loved one’s legal and financial matters. It… Read More »
Does my Joint Bank Account Go Through Florida Probate?
The easiest way to tell if an asset must go through the Florida probate process after a loved one has passed away is to determine whether the asset was held in your loved one’s name only. Generally, any property that was under the sole ownership of a person who has passed away will have… Read More »