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…
Category: CS Blog
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…
If you have ever been involved in an estate proceeding, you may have heard the terms “executor,” “administrator,” or the feminine versions of these terms (executrix or administratrix). However, in Florida, the name used for this role is the “personal representative.” In short, the personal representative is the person appointed…