Probate

If the decedent has died “intestate” (without a Will), first-priority goes to the surviving spouse in the appointment of a personal representative. If the spouse is not qualified to serve as [...]

No, in Florida a Will cannot be challenged while the testator is still alive. The Florida Probate Code states clearly: “An action to contest the validity of all or part of a will or the [...]

A tortious interference with a testamentary expectancy is a wrongful act (also known as a “tort”) which causes economic harm to another person. In the context of an estate, the tort occurs when [...]

While it may not always be necessary to create entirely new estate documents when moving between states, it is always a good idea to review your estate documents with an attorney of the state in [...]

It is the duty of the personal representative of an estate to oversee the repayment of debts owed by the decedent as well as to submit the final tax returns for the decedent. It is necessary for [...]

During a probate process, the personal representative of the estate has to distribute the assets of the decedent according to classes specified by the Florida Probate Code. First, the Class 1 [...]

Florida Statute §768.19 states: When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, and the event would have entitled [...]

Florida Statute §733.702 is often referred to as the “non-claim statute.” It sets forth that: [N]o claim or demand against the decedent’s estate that arose before the death of the decedent; no [...]

The decision of who to name as trustee of your Trust is an important one. An option available to you when making this decision is to designate a corporate trustee, a company that will manage the [...]

In Florida, the qualifications to serve as personal representative of an estate, as set forth by the Florida Probate Code, are as follows: -The personal representative has never been convicted of [...]