21May, 2019

How Do Courts Determine a Settlor’s Manifestation of Intent?

May 21st, 2019|Probate Proceedings|

Under Florida law, the “terms of a trust” determine how assets placed into a trust are to be managed and distributed at the time of the settlor’s death. Section 736.0103(21) of the Florida Trust Code defines the “terms of a trust” as:

“he manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence […]

8Feb, 2019

A Case Study in Community Property Claims & Probate Creditor Claims

February 8th, 2019|Probate Proceedings|

Probate LawIn 2018, Florida once again retained the title as the state with the highest number of incoming state-to-state migrants, as well as the largest recipient of retirees. A significant portion of those relocating individuals will be married couples who are coming to Florida en route from a community property state or may have resided in a community property state at some point while they were […]

18Sep, 2018

Undue Influence under Florida Probate Law

September 18th, 2018|Probate Proceedings|

Probate LawIn the context of a Florida probate dispute, asserting “undue influence” is a way of attempting to invalidate a last will and testament. It is normally claimed by someone who is not a beneficiary of a will but believes they should be, or by a beneficiary who believes he is entitled to more than what the will provides – in other words, by someone who […]

17Aug, 2018

Probate Mediation in Florida

August 17th, 2018|Probate Proceedings|

WillMediation is a dispute resolution process in which a neutral third party, known as the mediator, attempts to help you resolve your probate dispute through voluntary negotiations. Although a mediator cannot order you to resolve your dispute, a court can order you to at least participate in mediation. In a probate dispute, it is a pretty good bet that the court will order mediation.

If you do […]

6Jun, 2018

The Probate of Florida Real Property in the Estates of Non-Residents and Non-U.S. Citizens

June 6th, 2018|Probate Proceedings|

probateProbating the assets of a deceased property owner can be a tricky and complex process, especially for large estates. It can get even trickier when more than one legal system is involved. This might happen if, for example, a Colorado resident dies owning property in both Colorado and Florida or if a citizen of Canada dies leaving property located in Jacksonville.

 

 

 

 

Under these circumstances:

  • you may need […]