21Nov, 2019

Probate Administration vs. Trust Administration: What’s the Difference?

November 21st, 2019|Probate, Probate Proceedings|

Probate administration and trust administration are two very different procedures for administering a decedent’s estate. Among other differences, while probate administration involves dealing with the Florida courts, a trustee can administer a decedent’s trust without court involvement. 

When coping with the loss of a loved one, administering his or her final affairs is a difficult – but necessary – part of the process. In order to determine what this will entail, the first step […]

8Aug, 2019

What Do Family Members Need to Know about Probate in Florida?

August 8th, 2019|Probate Proceedings|

probateIf you have recently lost a loved one in Florida, you will need to learn some basic information about the probate process. Probate is used to resolve a person’s final affairs. This typically involves paying eligible creditors, paying certain expenses, and then distributing the estate’s remaining assets to the person’s heirs or devisees. If your loved one named a guardian for his or her minor children, […]

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 […]