Wondering how a law suit challenging the administration of a Florida will or trustwill play out?  In most instances theadministration of a Florida trust or estate after the death of a loved one follows the guidelines set out in the will or trust agreement.  If all goes well, the administration will go according to the decedent’s plan, everyone will be on the same page, and there will be no need to challenge the administration.

Tom Benson, owner of the New Orleans Saints, set up an irrevocable trust which held a significant portion of his $2 billion estate. Recently though, Benson instructed the trustee of the trust to transfer controlof his pro sports franchises, auto dealerships, real estate, and banking interests to his wife, Gayle. Now, Benson’s daughter and grandchildren have thrown a flag on the play. Their stance: you cannot change an irrevocable trust.

Often times clients will ask us if they are entitled to see a complete description of the inventory of the estate of a loved one.  The typical case is one where a parent dies and is survived by several children.  The eldest child is appointed executor, or personal representative, of the Florida estate administration, and one of the younger siblings wants to know exactly what the parent left behind.

In Florida, a Guardianship is used to protect the health, welfare, and propertyof a person who has become mentally incapacitated. The typical case for guardianship in Florida is the unfortunate but common instance of an elderly person with dementia. In guardianship, Florida courts will actually removed some of the rights of the incapacitated person (called a “ward“) and appoint a guardian to act on the ward’s behalf.  Because this process grants so much power to the guardian, while leaving the ward so vulnerable to unscrupulous acts, it is usually best toappoint a loved one or close friend as a guardian to ensure the guardian acts in the ward’s best interest. 

Were you suprised to find out that you were not the listed beneficiary of a loved  one’s Florida Life Insurance Policy? If so, you may be able to challenge the validity of the listed beneficiary of a life insurance policy after the death of the insured.

Often times Florida Probate Law refers to “interested persons” as having certain rights and causes of actions in Florid estate administration proceedings.  But what exactly is  an interested person?  

While most people know the importance of having a will, the reality is that many do not draft their first will until late in life.  However, wills are important and recommended for people of all ages, especially those expecting children.

Do you have a suspicion that your Florida trustee has been administering your trust fraudulently or improperly?  Because of the vast amount of Florida trust litigation case, the Florida legislature has adopted manyrules to protect the beneficiaries of trusts from trustees not doing their jobs properly.

Have you noticed what appears to me a mistake in your mother or father’s will? Did they intend to administer their Florida property in one way, but the will specifies that the assets should be administered in a different way?  Before 2011, the will would win and any attempt to correct the will would be ignored by the Florida probate courts.  

Did you know that there are two ways which married couples can establish a joint  bank account?  They are called “tenancy by the entirety” and “joint tenancy with right of survivorship.”  Whether or not a married couple establishes a bank account as a tenancy by the entirety account or as a joint tenancy with right of survivorship account is critically important when it comes to Florida estate planning and Florida estate administration.