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…
Comiter Singer announces its newest addition to their team, Giannina E. Smith, Esq. The focus of Giannina’s practice is tax and estate planning matters. Giannina received her Bachelor of Science in Accounting degree, cum laude, from Florida State University in 2016. She earned her Juris Doctor, cum laude, from the University of…
