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…
Category: CS Blog
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…
For families with a special needs child, daily life includes challenges that most people will never experience. Beyond the day-to-day, however, you also need to plan for their future. As hard as it may be, there will come a day when they turn 18 and are considered an adult under…
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…