Probate

Where Do You Probate the Will?

Where do you probate the will? How does the court decide that question? A Florida court may have jurisdiction over the distribution of a decedent's domicile at the time of his or her death if the decedent owned property in Florida at the time of his or her death. Ho...

The Florida Probate Rules Amendment

In 50 Florida Weekly 33, Florida Supreme Court, February 27, 2025, IN RE: AMENDMENTS TO FLORIDA PROBATE RULES, the probate rules were amended. It came before the Court for consideration regarding proposed amendments to Florida Probate Rules 5.240 (Notice of Administ...

A Lucid Moment in an Orlando or Lake Mary, Florida Will Contest

The substantive evidentiary burden for testamentary capacity at trial is significant for invalidating a will because the burden of invalidating a will is due to a lack of testamentary capacity. This is a heavy burden. 

You may want an autopsy in a Lake Mary, Florida or Orlando, Florida Probate Case. There may be many different reasons why you may be asking the court for an autopsy. How will the court determine if an autopsy is appropriate in the case? Here’s how the court determines whethe...

Being an Executor vs. a Personal Representative in a Probate Case in Lake Mary, Florida

This Wall Street Journal article on being an Executor was very enlightening. How does it compar...

Important Deadlines in Probate Administration

Your spouse, relative or family member has died. Their will needs to be probated. What do you need to know, and what do you need to do? You probably need to speak to an attorney to probate the estate. There are a few circumstances where the person had hardly anything ...

Estates and Wills and Posthumous Conception

There was an interesting case in Florida Law Weekly regarding a child conceived by in vitro fertilization after decedent death. In this case, the child was not entitled to take from the decedent's estate because the decedent's will did not provide for the child.  Read More

How is Your Account Titled in the Orlando, Florida Area?

How your account is titled in your Orlando, Florida case can have significant ramifications on how it will be disposed of and disbursed at your death. Is the bank account an account of convenience? Or is the account a multiparty account with right of survivorship? Be ...

Things to Do When Your Loved One Passes in the Orlando, Florida Area

Your loved one has passed in the Orlando, Florida area. You may be distraught. You are emotionally drained. However, you know there are things that must be done. What do you need to do?

Obtain Death Certificates

Being a Personal Representative in the Orlando, Florida Area

A friend or loved has died Testate, leaving a Will. You are named as the Personal Representative in the Will. What do you do? As a Personal Representative, you have the authority to hire an attorney to represent you in the position as Personal Representative. The stat...