Ancillary Probate For Out Of State Property
One of the situations a lot of people may not be familiar with is what must be done if a Florida resident dies but also owns property or assets outside of the state of Florida. This is why it is so very important to carefully review what the decedent owned and where all the assets […]
When is it Necessary to Probate a Florida Estate?
Whether a Florida estate needs to go through the process of Probate Administration will depend on the circumstances of the estate. Typically, an estate will need to go through Probate Administration if the decedent owned any property in his or her sole name. That means, that there are no other joint owners, designated beneficiaries, transfer […]
What to Know When Hiring an Estate Administration Attorney
Your relative or loved one has died. You are the Personal Representative named in the will, a beneficiary of the will, or both. This is what you need to know if you are about to hire an estate administration attorney for the case to probate the will. First, you should receive a written retainer agreement […]
Undue Influence in Drafting a Will in the Orlando, Florida Area
There was an excellent article by Attorney Stephanie Cook of Shuffield Lowman in the Florida Bar Action Line, Summer 2024. It explains undue influence in drafting deeds and wills. What can you do if you believe your loved one has had a deed changed, or a will made or changed, because an interloper influenced them […]
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. However, such jurisdiction is not necessarily […]
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 Administration), 5.421 (Notice to Creditors), and 5.550 (Petition to Determine Incapacity). Florida Rule 5.240 Notice […]
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. Florida courts recognize a presumption of testamentary capacity. Further, to execute a valid will, the testator need only have testamentary […]
An Autopsy in a Lake Mary, Florida or Orlando, Florida Probate Case
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 whether to allow an autopsy in […]
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 compare to being a Personal Representative in an Orlando, Florida or Lake Mary, Florida area? First, in the State of Florida, there is a Personal Representative, and they are not called the Executor. The Personal Representative, through their respective attorney, […]
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 and you do not have […]