When laws are written, debated and passed in the United States, there is a reason or purpose behind each one; that is, the law is intended to solve some problem or accomplish some goal of the legislature. At times, due to the legislative system and the somewhat...
Firm News
Do all estates have to be administered in Florida?
About a month ago, this space discussed the concept of exempt property in the context of Florida estate administration. To refresh, certain property will be considered exempt from creditors when there is a surviving spouse or children of the testator. While this is an...
Florida probate litigation can be complicated
About a month ago, this blog touched briefly on the fact that a recent case in one of Florida's appellate districts had pointed out the fact that settlement agreements during probate cases should be specific in what representations the parties relied on in coming to...
What happens in Florida to an improperly devised homestead?
As many Florida residents may know, the state has some unique laws when it comes to what is known in law as homestead property. While these laws are complicated and somewhat arcane, the basic idea is that a person's primary residence, if owned, is immune to certain...
What is a land trust in Florida?
We have previously touched on various types of trusts in this space, and what some potential advantages of their use may be in the service of a comprehensive Florida Estate plan. This week, we are going to briefly discuss a type of trust instrument that is almost...
Professional guardians often appointed due to family disputes
In our recent discussions of the adult guardianship system in Florida, we have covered a lot of ground regarding some of the legal reasoning used by courts in deciding whether a family member can challenge the potential appointment of a person who has been designated...
What is ‘exempt property’ in Florida estate administration?
This blog has discussed previously the concept of 'elective shares' and how they can be waived during an estate administration in Florida. To refresh, the 'elective share' is that portion of the estate that a spouse (and sometimes child) may take instead of what was...
Settlement agreements in probate litigation should be specific
There are two basic types of legal standards that are used when litigating legal issues: statutory law and case law. Statutory law consists of the laws passed by legislatures, be they federal or state, and signed by the executive; i.e. the president or governor. Case...
What is a ‘buy-sell agreement’ and why is it needed in Florida?
Previous posts here have discussed many forms of estate planning and how Florida residents may help direct the way their property is disposed of in case of incapacity or death. In many of these cases, we have looked at a testator's personal or real property, and how...
The use of revocable or “living” trusts in Florida
A previous post here discussed the use of trusts as part of a comprehensive estate plan in Florida. We have also touched on some of the different types of trusts, and a few of the basic differences between the two major trusts types: revocable and irrevocable. When...
