To be clear, under Florida law there’s no such thing as a
Continue Reading Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?
What’s a “caveat” and why should probate attorneys care?
There are all sorts of reasons why you may not want to
Continue Reading What’s a “caveat” and why should probate attorneys care?
Jury trials in Will contests
In Florida we don’t have jury trials in will contests. But if
Continue Reading Jury trials in Will contests
Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?
Sometimes third parties who had no knowledge of a family’s probate proceeding
Continue Reading Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?
Are Florida’s courtroom doors closed to older claimants seeking to establish paternity in probate proceedings, but wide open for everyone else?
If a man dies intestate, any children he had while married
Continue Reading Are Florida’s courtroom doors closed to older claimants seeking to establish paternity in probate proceedings, but wide open for everyone else?
Can “excusable neglect” get you an extension to file a late homestead election?
One of the basic building blocks of Florida probate law is the
Continue Reading Can “excusable neglect” get you an extension to file a late homestead election?
Are the rules for personal jurisdiction different in probate?
Non-resident parties can’t be pulled into Florida litigation if they don’t have
Continue Reading Are the rules for personal jurisdiction different in probate?
Can a Florida probate judge order you to turn over property located in Canada?
In contested probate proceedings, if someone’s asserting a jurisdictional defense it’s probably coming
Continue Reading Can a Florida probate judge order you to turn over property located in Canada?
Must all probate disclaimers of real estate contain legal descriptions?
Lee v. Lee, 263 So.3d 826 (Fla. 3d DCA January 23,
Continue Reading Must all probate disclaimers of real estate contain legal descriptions?
Is half a signature enough to validly execute a will?
Will execution formalities are second nature to most of us, but it
Continue Reading Is half a signature enough to validly execute a will?