It is a classic scenario – the evil step-mother taking everything when her husband dies even though his children were expecting an inheritance. What do you do if someone swoops your inheritance, or your expectation of an inheritance, out from under you? Florida recognizes a cause of action for tortious…
Articles Posted in Probate Disputes
Dependent Relative Revocation
As people progress through different stages of their lives, their beliefs and objectives sometimes fluctuate and change. One situation in which an individual may change his or her mind is when writing a will. People often change their minds about whom to devise or bequest their property. But, what causes…
So what exactly is a “sound mind” in Florida?
According to Florida Statute § 732.501, any person who is of sound mind and legal age (at least 18 years old or emancipated) can make a will. Florida is home to an eclectic and wide ranging group of people, especially in Miami, Ft. Lauderdale, and Palm Beach. However, not every…
Revocation of Wills Under the Florida Probate Code
Even the most carefully crafted wills may someday need to be altered or revoked entirely in order to adapt to the changes in one’s life. There are three mechanisms provided by the Florida Probate Code that revoke a will: (1) by written instrument, (2) by physical act, or (3) by…
Rights and Duties of Creditors Under Florida Law
Florida has very strict time restrictions as to when a creditor can file a claim against an estate, and if the deadline passes they are likely barred from the claim. To start the process, the personal representative is charged with the duty of publishing notice to all creditors that the…