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Florida Probate Lawyers

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Florida Probate, Trust and Estate Blog

Joint Bank Account Holder Removes The Money - What Happens

What happens when a joint bank account holder, who was placed on the account for convenience purposes, not to actually share ownership of the account, removes the money from the account, and that joint holder also happens to be an employee of the bank?  Both the bank and the employee end up being sued.

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Rules for Depositions in Florida

Rules for Depositions in Florida

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Notice of Probate in Florida - Who Is Entitled

As a Florida firm practicing probate and trust administration and litigation, our office is regularly contacted by individuals wanting to know whether they are entitled to be notified that estate administration or probate is under way.  In most circumstances, entitlement to notice of probate is typically going to be determined by one’s status as a beneficiary of the estate.  Thus, the threshold question becomes:  Am I a beneficiary?

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Loss of Consortium Claim Survives Death of Spouse

Important ruling preserves right of surviving spouses to proceed with loss of consortium claim after death of spouse.

Randall v. Walt Disney World Co., 2014 Fla. App. LEXIS 9338 (Fla. 5th DCA 2014).

Mrs. Randall and her husband were on a roller coaster at Walt Disney World, where allegedly Mr. Randall sustained head and neck injuries on the roller coaster. Mr. Randall filed a personal injury claim against Walt Disney, and Mrs. Randall filed a loss of consortium claim against Walt Disney.  Mr. Randall then died, and it is claimed that he died as a result of the roller coaster injury. 

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Top 5 Estate Planning Mistakes

As a probate litigation lawyer in Florida, I see estate planning mistakes on a regular basis.  Many of these estate planning mistakes cause undue expense, delay and anguish on family members.  Most of these mistakes can be avoided.  here is my list of the top 5 estate planning mistakes that I see.

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Challenge Marriage After Death in Florida Probate

Until recently, the children and other heirs of a deceased person in Florida were prohibited from challenging a marriage after the the death of the deceased.  Stopping a deathbed marriage or a marriage procured by fraud or undue influence is important because of the many spousal rights in Florida that a surviving spouse is entitled to, including elective share, status as a pretermitted spouse, Florida homestead, family allowance and the personal property of the deceased.  Even if the marriage lasts for hours or days, a surviving spouse could end up with the homestead, and between 30% and 100% of the other assets of the deceased.

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Deadline to Challenge Will in Florida Probate

We are often asked what is the deadline to challenge a will in Florida.  There are a number of deadlines for Florida probate, and one must be aware of them. 

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Florida Inherited IRA Still Protected in Bankruptcy, Even in Light of U.S. Supreme Court Case Clark v. Rameker

On June 12, 2014, the Supreme Court of the United States issued its opinion in the matter of Clark v. Rameker, 573 U. S. ____, 2014 U.S. LEXIS 4166 (2014).   In a landmark decision, the Supreme Court held that Inherited IRAs are not “retirement funds” within themeaning ofthe Bankruptcy Code, and as a result, such accounts are assets in the hands of the trustee in bankruptcy.  Nevertheless, for the majority of states that use “State” exemptions in bankruptcy as opposed to the Federal exemptions, state law, not federal law, may control whether inherited IRA’s are protected.  Florida residents can likely still protect inherited IRA’s in bankruptcy.

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Foreign Personal Representative Does Not Submit to Personal Jurisdiction in Florida

A foreign personal representative does not consent to personal jurisidction in Florida solely by taking action as a foreign personal representative in Florida. 

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Standing In Probate Litigation

The concept of standing in probate litigation is relavent in several contexts. 

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