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: Probate
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…
If you have a will, you may already be aware that your estate may have to go through probate. However, many people do not understand what the probate process entails, which can later lead to frustration and disappointment. Understanding the basics of the probate process not only creates realistic expectations,…
