Florida Appeals Court Comes Down Against Probate Creditor Claims From Child For Child Support Arrearages On May 11, 2016, the Fourth District Court of Appeal issued its decision in Davis v. Hengen regarding creditor claims for child support arrearages against a decedent’s estate, when the decedent dies with unpaid child…
Articles Posted in Probate Disputes
All life’s journeys and stories eventually end, even iconic novels
The Hunt for Tom Clancy’s Estate Comes to an End Popular author Tom Clancy wrote many iconic novels, and the story of his estate battle sounds like it comes straight out of a book. The author, who died at the age of 66 of heart failure, left an estate valued…
Probate, Creditors and Technology – Are you Aware?
E-Filing in Probate Court – It’s Mandatory! As a Creditor to an estate, you must be wary of your time limits to file a statement of claim against an estate. Section 733.702(1), Florida Statutes (2012) states that creditors must file any statements of claim against a decedent’s estate within three…
What is your plan for the “What if” in life?
Estate Planning for Young Professionals: Don’t Wait to Start Planning Discussing one’s death can be an awkward and uncomfortable experience at any age. It is a topic that most individuals avoid at all costs, especially young adults, as if the mere discussion of one’s future demise will somehow bring it…
Does ingesting medical based pot make you incapable of creating a will or trust?
Possibility of the Effect of Marijuana on Estate Planning In the 2014 legislative session, the Florida Legislature passed the Compassionate Medical Cannabis Act of 2014, which authorizes certain physicians to prescribe low-THC cannabis for use by specified patients. Nearly two years later, due to legal challenges, Floridians still have not…
B.B. King, a music legend – Undue Influence and Capacity in real life
B.B. King Estate Fight: One Year Later and No End in Sight Legendary blues musician B.B. King passed away on May 14, 2015 due to congestive heart failure at the age of 89. In a will created in 2007, King named his longtime business manager, Laverne Toney, as the executor/personal…
Personal representative designation in Last Will and Testament – Convicted Felons
Florida Limitation on Convicted Felons Serving as Personal Representatives in Probate Administration When contemplating preparing a last will and testament, there are many options that have to be considered before drafting can begin. One important consideration is deciding who to nominate as the personal representative of your estate. A personal…
How Can I Challenge a Will in Florida?
A will is supposed to represent your loved one’s final decree for the distribution of his or her estate, but what can you do if you believe that there is a possibility that the will does not accurately represent the decedent’s last wishes? Especially with high-net-worth decedents, there are sometimes…
May I disinherit my spouse?
“For better or for worse.” These are the traditional words that our society associates with wedding vows, indicating that the two individuals marrying each other are making a commitment to each other in good times and in bad times. This commitment is meant to extend to all aspects of the…
Minimizing the Private Information Revealed in Probate Documents and Probate Proceedings
Personal and financial records are among the few things people generally prefer to keep private. In the past, people may have gone so far as to bury the documents. Nowadays, people might keep them under lock and key in their homes. Some might leave them with financial advisors, accountants, or…