Sometimes third parties who had no knowledge of a family’s probate proceeding and wouldn’t have had standing to intervene anyway, are nonetheless adversely impacted by legally improper (and usually self serving) orders entered in these proceedings.
In a lot of …
Most probate proceedings are uncontested family affairs. In almost all respects that’s a good thing. There’s one downside, however. Because there’s no one contesting anything (and thus keeping everyone on their toes), mistakes happen.
For example, a family might consent …
One of the basic building blocks of Florida probate law is the mandatory life estate in homestead property all surviving spouses are entitled to under F.S. 732.401(1). Life estates are supposed to protect surviving spouses by guaranteeing them the …
The key to understanding this case is recognizing that one word — homestead — is used in three very distinct and different ways in Florida’s constitution:
Flinn v. Doty, — So.3d —-, 2017 WL 923508 (Fla. 4th DCA March 8, 2017)
If you’re trying to collect on a judgment by going after homestead property, one of the few theories of recovery available to you is …
Delbrouck v. Eberling, — So.3d —-, 2015 WL 5948724 (Fla. 4th DCA October 14, 2015)
Contested probate proceedings often revolve around conflicting claims to specific property that’s titled in the decedent’s name but claimed by someone else.
If the …
Lyons v. Lyons, — So.3d —-, 2014 WL 5460621 (Fla. 4th DCA October 29, 2014)
This is one of two cases published in 2014 involving litigated homestead rights and property deeded to a qualified personal residence trust (QPRT). …
Stone v. Stone, — So.3d —-, 2014 WL 5834826 (Fla. 4th DCA November 12, 2014)
Under Florida law a surviving spouse’s testamentary rights in the couple’s marital homestead residence are spelled out in Art. X, § 4(c) of the …
Friscia v. Friscia, — So.3d —-, 2014 WL 4212689 (Fla. 2d DCA August 27, 2014)
It’s not unusual for marital settlement agreements (“MSAs”) to pop up as major players in contested probate proceedings (see here, here, here…
Hirchert Family Trust v. Hirchert, — So.3d —-, 2011 WL 2415787 (Fla. 5 Dist. Jun 17, 2011)
One crack in the almost impenetrable shield protecting Florida homestead property from creditors is the amorphous “equitable lien” doctrine. In In re …