Probate & Guardianship Statutes

If, when and how Civ. Pro. Rule 1.525, the rule setting a 30-day post-judgment deadline for filing attorney’s fee motions in civil litigation, applies to contested probate, guardianship and trust proceedings, is an important question. The last thing any lawyer …

Effective October 1, 2011, a surviving spouse’s intestate share of an estate will go up from 50% to 100% of the estate if the decedent’s descendants are also descendants of the surviving spouse. If you’re a probate lawyer this is

Attorneys representing trustees, personal representatives, guardians and other fiduciaries operating in Florida have long had to deal with the common-law “fiduciary exception” to the attorney-client privilege. The basic rule is that if the attorney-client communication had to do with normal …

Deathbed marriages can be the ultimate weapon for those looking to prey on the elderly. In Florida you can marry someone minutes before their death and automatically vest into the right to live in the decedent’s homestead residence rent-free for …