Category: Probate

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…

Probate is the legal term for a court-directed process during which a will is reviewed by the court for validity and authenticity. Probate also refers to the general administering of a deceased person’s will or the estate of a deceased person without a will. When a person who had assets…

When Florida and Palm Beach County residents create their estate plan, they often instinctively choose a close friend or family member as their estate’s personal representative. Your personal representative has a great responsibility and likely is not familiar with the role you have asked them to play.  Although the personal…

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…

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…