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Category: Probate

April 14, 2022 CS Blog

Litigating Joint Bank Accounts

Florida law permits the challenge to a joint account’s ownership where the creation of the ownership, or a change to the ownership, was the result of undue influence or lack of capacity. See, e.g., Cripe v. Atl. First Nat’l Bank of Daytona Beach, 422 So. 2d 820 (Fla. 1982). There…

February 21, 2022 CS Blog

Breaking Down Types of Florida Probate Proceedings

Probate is a legal process in which the validity and authenticity of a will is verified. The goal of probate is to distribute the deceased person’s estate according to the terms of their will.  In Florida, there are three primary types of probate administration:  Formal administration Summary administration Disposition without…

September 28, 2021 CS Blog

How does Florida handle community property?

Florida is not a community property state. Florida is, however, a recipient of domestic and foreign migration.  Often, those that relocate to Florida come from community property states, or countries with property rights akin to community property states that require due consideration.  In addition, even if the married couple that…