probate lawyer

November 29, 2018

Death of Ex Prompts Divorce Agreement on Marital Assets to Forefront in Florida Probate Dispute

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 the divorce agreement, but sometimes, depending on the circumstances, it’s not possible for former spouses to entirely extricate themselves financially when the marriage dissolves.

This was the case before a Florida probate court and later Florida’s Third District Court of Appeals, which was tasked settling issues that arose when a former wife and the estate of her recently-deceased (but long-time divorced) ex-husband disputed financial claims and rights to a residence in which they had both been long-time co-tenants. Both the estate and surviving ex-wife consulted with Miami probate lawyers to help them duke out the details.

Per court records, here’s what happened:

More than four decades ago, when the pair were still married, they purchased a property in Miami-Dade County and resided there together as husband-and-wife. Then, in 1986, the husband moved out of the residence, and the wife continued to live there. The marriage wasn’t legally dissolved until 10 years later, in 1996. The husband never moved back into the home, though he did occasionally come by for mail. But otherwise from that date until husband’s death in January 2010 in the Haitian earthquake, the exes held title as “tenants in common,” each having a 50 percent undivided interest in the property, though wife had exclusive occupancy. (In 2005 the wife’s mother also moved in, becoming a second occupant.) Continue reading

October 15, 2018

Create a Florida Living Trust to Make Life Easier for Family After You Die

By Ansara Law Personal Injury Attorneys

In Florida, a living trust (also known as an inter vivos trust) is one probably your best option if you want your estate to avoid probate after you die. Why does that matter? As our South Florida living trust attorneys can explain, it means more of your assets – the things you worked hard for during your life, the things you want to see preserved and passed on – will not only go straight to the individuals you want to see in receipt, less will go to court fees and the state of Florida. probate lawyer

In general, a trust is an agreement entered into by the person who creates the trust (settlor or grantor or trustmaker) and the beneficiaries of that trust (i.e., those who benefit from it). That contract will determine what happens to the assets contained in the estate when you die. A living trust allows for one not only to make plans for an estate to avoid probate (and save a great deal on legal expenses), as well as allow you to map out a plan for disability, preserve Medicaid benefits and lower estate taxes.

The most common type is called a revocable living trust, and it’s created during one’s lifetime (rather than upon the trustmaker’s death), and can be revoked by the trustmaker at any point, rather than one that is established and cannot be undone. Revocable living trusts are often the preferred way to transfer assets in states like Florida where we know probate is both time-consuming and incredibly costly. Continue reading

September 29, 2018

Florida Probate Law on Paternity, Child Rights When Father Dies Intestate

By Ansara Law Personal Injury Attorneys

Florida probate law pretty clearly establishes the right of children to inherit a portion (or all) of a parent’s estate when he or she dies without a will (intestate estate). Further, Chapter 732 of Florida Statutes doesn’t make any distinction indicating a child born out-of-wedlock is any less entitled to an inheritance than one born to parents who are married. However, in a case where it is the father who has passed and the child was born out-of-wedlock, paternity must be established in order for that child to receive that inheritance. probate litigation

Generally, there are two ways this happens:

A court order, typically following some type of biological testing.
A signed acknowledgment by the father while he was alive.

A recent Florida case raised an interesting question that could be applicable to future probate litigation cases involving intestate estate where paternity is disputed. The Florida Supreme Court recently weighed in on the question of whether one can establish paternity when someone else is already presumed so by law. Continue reading

June 26, 2018

When You’re Left Out of the Will – Probate Lawyer Helps You Fight Back

By Ansara Law Personal Injury Attorneys

Being left out of the will of a parent, grandparent or other loved one can sting emotionally, but you might not be completely without legal options. It’s important to discuss the circumstances with an experienced Fort Lauderdale probate lawyer who can help walk you through the possibilities. contest a will

Although sometimes there is little expectation of an inheritance due to long-term erosion of the relationship, for many adult children and grandchildren, the news can come as something of a shock. The decision of whether to take action is a difficult one and will probably depend at least partially on what the odds are you’ll be successful in obtaining an equal share or at least a fairly-negotiated settlement with the named heirs.

There are a number of ways you may be able to challenge if you are left out of a will, all of which are time-sensitive so getting a probate lawyer involved as soon as possible is an imperative. Continue reading