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