The Florida Probate Code provides three methods to revoke a will: (1) written instruction; (2) physical act; or, (3) operation of law. Strict compliance with the probate statutes is required in order to effectively revoke a will or codicil. Revocation by Writing Florida law does not allow for the partial…
Author: Brian M. Spiro
A caveat is the written notice—filed with the Florida probate court—that requires the clerk to give the caveator (the person filing the caveat) notice if a probate is opened for the person who is named in the caveat. If you are concerned that a Florida probate will be commenced without…
If property is partitioned, attorneys’ fees and costs shall be awarded. Fla. Stat. § 64.081 provides, in pertinent part, as follows: Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate…
Excusable neglect does not warrant an extension of the time to make a tenant-in-common election. See, Samad v. Pla, 267 So. 3d 476, 477-78 (Fla. 2d 2019). As a reminder, the tenant-in-common (“TIC”) election permits a surviving spouse to elect a one-half interest in decedent’s homestead, in lieu of a…
Yes. All original wills must be deposited with the Court. If you are in control of an original will you must deposit it within ten (10) days after receiving information that the testator is dead. Fla. Stat. § 732.901, governing the production of wills, states: The custodian of a will…