Articles Posted in Probate Litigation

What happens if someone dies in Florida without a will? A recent survey by the AARP revealed 60 percent of American adults do not have a will and are not planning for the end of their lives. Some of this is dictated by age. For instance, among those between ages 53 and 71, roughly 58…

When it comes to the Florida probate litigation statute of limitations, one might generally presume reading F.S. Ch. 95 that they have about four years to file a case. However, as our Fort Lauderdale probate litigation attorneys can explain, trust cases in particular almost always follow something called equitable law. Equitable strives for equal, but…

Absent the assistance of an experienced Fort Lauderdale special needs trust attorney, your dependents with special needs will be at the mercy of the state to ascertain their eligibility for public assistance benefits as well as their entitlement to your estate. If you have a child – minor or adult – who is physically or…

Our Fort Lauderderdale probate lawyers are occasionally asked by individuals whether they are too late to contest a will or take action if an estate was mistakenly or fraudulently administered. The answer will depend on the exact circumstances of the situation, but know that the time window for asserting a challenge is typically very short.…

Not every estate of every decedent in Florida is going to wind up in probate court. As Fort Lauderdale probate attorneys can explain, it’s only when an estate gets somehow “stuck” in the process that administration through probate becomes necessary. One of the most common reasons an estate ends up in probate? The decedent never…

“Electronic wills are coming, whether lawyers like it or not,” blared a recent Forbes Magazine headline. The tone implies this is a definite “don’t like” for Florida estate lawyers. There is truth to this, but not for the reasons one might presume. Electronic wills, or e-wills, are boilerplate legal documents purchased online, electronically signed and…

Working hard your whole life, sacrificing, saving, investing wisely and also managing by acumen, sheer dumb luck or some combination to avoid pecuniary pitfalls that might otherwise have left you practically penniless, of course you want as much of your estate as possible to reach the people and causes that matter most to you. That…

For decades, native Floridians commented on how it seemed “everyone” was moving to South Florida. Recent data lends some truth to that. As Palm Beach probate attorneys, we encourage those who are relocating to Florida from across state lines to consider meeting with a local probate lawyer to review important estate planning documents, such as…

An increasingly common issue sprouting up in Fort Lauderdale probate litigation is prenuptial agreements. These agreements, also sometimes referred to as premarital agreements, are those made by couples prior to marriage that concern the ownership of respective assets should the marriage fail. However, Florida probate lawyers know they can also include virtually any right or…

Many people may have mixed emotions when they receive word about the death of an ex-spouse, but they generally don’t expect to end up embroiled in probate. This can occur, though, when there are loose ends on finances, assets and property. Ideally, Miami probate lawyers know these matters would be cleanly settled years earlier in…