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I’m having problems with my Florida homeowner’s association.
Homeowner’s associations are very common in Florida. Sometimes, homeowner’s associations are beneficial in providing structure and some protection for homeowners’ property values. The rules and maintenance that homeowner’s associations provide can be invaluable....
Florida Probate: What does testamentary capacity mean in Florida?
One of the ways that someone may challenge the validity of a will in Florida, is by alleging that the testator (the person who executed the will) lacked testamentary capacity when executing the will. If a testator lacked testamentary capacity when he or she executed...
Florida Probate and Estate Planning: How do you execute a will?
Earlier this week we published an article about will contests in Florida providing a brief overview of will contests in Florida probate administrations. One of the ways that a will in Florida can be contested is if the will was not properly executed. This means that...
Florida Probate: What happens if you contest a will in probate?
If you have a loved one who has recently passed away, you want to make sure that your loved one’s wishes are followed properly in the Florida probate administration. Unfortunately, this is not always the case. Sometimes, a loved one may have been taken advantage of...
Bond in Florida Probate
let you know if it needs anything further before granting the letters of administration (those let everyone know you have authority to act on behalf of the estate). Usually the only thing that may be required is a bond. Some Florida probate judges even let you know...
Notices in Summary Probate Administration
For a variety of reasons people ask if they can do probate on their own. Usually it’s to save a few bucks. In Florida, summary probate can be done without the help of a probate attorney. Some counties have just about every form you’d need. That doesn’t necessarily...
I’ve Been Named Personal Representative, but I don’t Live in Florida
Globalization and the internet lets people search for merchants and service providers anywhere in the world. Searching for a lawyer often makes people nervous even when they’re looking for an attorney in their local area. We have experience handling our client’s legal...
Florida Probate: What happens when you can’t find the original will?
In our blog posts, we have reviewed the process for formal administration of a Florida probate estate. One of the requirements in a Florida probate administration is that the original copy of the decedent’s (the person who died) will needs to be filed with the clerk...
Will my Florida durable power of attorney work when I need it?
In our everyday practice, we have helped clients with Florida durable power attorney documents that were incorrectly drafted. Most often, the problem with the Florida DPOA is that it does not contain the required designation of superpowers under the Florida Statutes,...
Basic information about undue influence in Florida.
As people age, it may become easier for certain people to take advantage of them. When a person takes advantage of an elderly person for his or her personal gain, this is undue influence under Florida law. Undue influence can occur in many different forms, but the end...
What happens when a default is entered against me in a Florida case?
If you are involved in a lawsuit, one of the things that you do not want to occur is to be defaulted out as a party in the case. When a party is defaulted by the clerk or the court, that party cannot defend itself in the case until the default is set aside by the...
What do I do if I’m served with a complaint in Florida?
You hear a knock on the door one evening at your home. You answer it. There’s a person the other side who hands you a stack of papers and says “There is a lawsuit filed against you. You have been served.”Panic may set in because you’ve never been involved in a lawsuit...
Do I Need to Change Beneficiary Designations After Divorce?
In the last few years there have been some changes to Florida Statutes. Well, there are tons of changes every year, but the ones we’re talking about deal specifically with what happens to your beneficiary designations upon divorce. Beneficiary designations are a...
Production of the Will in Florida Probate Cases
One of the most important steps in a Florida probate administration is the production and filing of the decedent’s (the person who died) original will with the clerk of court. Under Florida law, the custodian, who may or may not be the named personal representative,...
What information do I need to start probate in Florida?
Remembering what documents to bring to a Florida probate consultation is probably the last thing that you want to think about when you are going through the difficult time after losing a loved one. However, making sure that you bring the documents or at least know...
Probate Is Going to Cost How Much?!
A recent trend I have noticed is that people, both attorneys and clients, are discussing probate fees. Attorneys are discussing whether it’s ethical to charge the statutory probate fees regardless of the situation. Clients are wondering whether attorneys should charge...
What Kind of Lawyer Do I Need?
We spend a fair amount of time trying to figure out how we can get in touch with our potential clients, and how we can make it more likely that the people who need our help can find us. One thing we’ve noticed a lot is for people who don’t deal regularly with...
What’s going to happen to Prince’s estate? What happens when you die without an estate plan?
The post below originally appeared on August 11, 2016. A few updates on this case: The estate is still estimated to be $300 million. Comerica Bank has been confirmed as the permanent Administrator. Out of all the people who presented themselves as potential heirs,...