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Florida Probate, Trust and Estate Blog

Partition Actions in Florida

Partition actions are often used to force the sale of jointly owned property when the owners cannot agree amongst themselves what to do with the property.  Florida law provides a general framework on how a partition action is to proceed, but the details are left to the discretion of the trial court.

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Virtual Adoption Not Undone By Developing Relationship With Natural Father

The Georgia Supreme Court recently held that once a child has been virtually adopted by an adopted father, the subsequent relation between the adopted child and the natural father does not sever the previous virtual adoption.

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Bank May be Liable for Failure to Stop Elder Abuse

In what may be a first in Florida, a bank can be held liable for the failure to stop elder abuse arising from the draining of a senior's bank account by an abuser. 

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Probate Court Has Jurisdiction to Review Attorney Fees | Burden of Proof on Attorney

If an attorney for a personal representative of an estate charges allegedly excessive fees, the probate court has the jurisdiction to review the propriety of such fees, and the burden of proof is on the attorney to establish that such fees are reasonable.  The probate court may review attorney fees even if paid from nonprobate assets. 

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Survivorship Deeds in Florida - Proceed with Caution

An ambiguous deed with survivorship language creates confusion, requiring the court to interpret the ownership of real estate.

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Attorney for Trust Owes No Fiduciary Duty to Beneficiaries

The United States Court of Appeals for the Eleventh Circuit has ruled that the attorney for the trustee of a trust owes no fiduciary duty to the beneficiaries of the trust.

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How to File a Lawsuit Against an Estate

Clients often ask how to file a lawsuit against an estate.  The answer depends on what type of lawsuit is being contemplated to be filed.  The following answers pertain to Florida probate estates, but the answers can be similar in many other states. 

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How To Contest Life Insurance Beneficiary

It is possible to contest the beneficiary of a life insurance policy after the death of the insured in a variety of situations.  Here are some ways in which the beneficiary can be challenged.

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7 Reasons to Get a Prenuptial Agreement in Florida

Many people ask whether they should enter into a prenuptial agreement before getting married.  For Florida residents, there are many reasons to enter into a prenuptial agreement.  Here are 7 such reasons.

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Probate in Florida Pamphlet | Probate Help & Information for Florida residents

Probate in Florida Pamphlet Guide.  What is Probate?  Probate in Florida is the process whereby the assets of the deceased person are used to pay creditors, and any remaining amounts are distributed to the beneficiaries of the estate, also known as the heirs.

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