Category Archives: Estate Trust Litigation
How Disposing of Non-Probate Assets Differs from Probate Assets
Not all of a person’s assets pass through probate after they die. A common example of a non-probate asset is a retirement account like an IRA. The IRA is effectively a contract between the account owner and the institution that acts as the account’s custodian. This contract includes a beneficiary designation. Upon the account… Read More »
O.J. Simpson’s Executor Quickly Reverses Course on Paying Goldman Wrongful Death Judgment
The recent death of former NFL player O.J. Simpson almost immediately led to a public controversy involving his longtime attorney, who is now the executor of his estate. Specifically, the executor made–and was then forced to backtrack–public comments he made regarding the estate’s liability for a multi-million dollar civil judgment obtained by Simpson’s former… Read More »
Can a Lady Bird Deed Shield My House from Tax Collectors?
Many Florida residents use non-probate transfers to pass their home on to a child or other heirs. For example, with an enhanced life estate or “Lady Bird” deed, the homeowner can reserve the right to continue living in their home until death, at which point the property automatically transfers to one or more “remaindermen”… Read More »
What Happens If You Disinherit an Adult Child in Florida?
Not every parent and child get along. Especially as children grow up and move away, a rift can form with their parents that lasts a lifetime. There are also situations where a parent still has a relationship with their adult child but does not want them to inherit from their estate. So what happens… Read More »
Can You Enforce an Oral Trust in Florida?
One of the cardinal rules of wills in Florida is that they must be in writing. Florida probate courts will not recognize or admit an oral will. Not only must a valid will be in writing, it must also be personally signed by the testator (or someone signing at the testator’s direction) in the… Read More »
Can Someone Force the Opening of a Florida Probate Estate?
The process of administering a Florida probate estate begins with the filing of a petition with the circuit court for the judicial circuit where the decedent–the person who died–resided at the time of their death. In most cases, the petitioner is the person who is either nominated to serve as personal representative of the… Read More »
Are Florida Revocable Trusts Really Private?
An oft-cited benefit of creating a revocable trust is the “privacy” it affords over a traditional will. The reasoning goes something like this: When a will is filed for probate in Florida, it becomes a matter of public record. Indeed, the probate proceeding itself is public, so anyone can learn the contents of the… Read More »
Is a Florida “Lady Bird” Deed the Same as a Revocable Living Trust?
There are many ways for a person to transfer their property upon death without probate. Two of the more common methods used in Florida estate planning are revocable trusts and enhanced life estate deeds. And while these two methods share some characteristics, they are in fact different legal procedures with their own respective benefits… Read More »
Is a Life Insurance Policy a Probate Asset?
One of the more common points of confusion when it comes to administering a deceased person’s property is the legal distinction between probate and non-probate assets. Generally speaking, a probate asset is one that passes according to the terms of the deceased owner’s last will and testament; or they had no will, then as… Read More »
Can a “Potential Heir” Seek a Determination of Homestead Status in Florida?
The Florida Constitution provides broad protections for a person’s primary residence or “homestead.” This protection takes a number of forms. One of them is actually a restriction on the devise of the homestead property. Basically, if the owner is survived by a spouse or a minor child, they cannot leave the homestead property to… Read More »