What do you do if a Florida will is lost? Well, it’s possible to have that lost will probated. You need to know one statute, one rule and one case. We have previously written about Lost Wills before. Now, let’s re-visit this subject and talk about what steps you need to take. How do you probate a Lost Will Florida? The Rules for Lost Wills There is a statute on probating a lost will. The entire Florida Probate Code is online and may be read for free. Zero in on Fla. Stat. 733.207. First, you need to have STANDING to probate a lost will. That means that you need some connection to the probate or the will. If you are a beneficiary or a nominated personal representative under the lost will. That can create standing. Next, you need to reveal the terms of the lost will precisely. You have to “establish” the will in “full and precise” terms. This means that you need some certainty. If you have a copy, that is a great start. But, there’s a lot more to do. Grab your cellphone or start writing emails. You need to prove the contents by two disinterested witnesses. The exception is if you have a “correct copy”, then one witness is OK. Finally, read the Florida Probate Rules. There is a specific rule on lost wills. Read Rule 5.510. You need to file a proper Petition. Take These Steps for a Lost Will Florida There is a 2012 5th […]

There are a handful of Florida Statutes that family members and heirs should read before you contest a will. And if you are non-family member, but were cut out of a will, you need to understanding the Florida Probate Process. You can read these laws for free and relatively quickly. Below is a plain-English, easy-2-understand guide to Florida Statutes Contesting a Will. To see a FREE LEGAL VIDEO about a will contest, CLICK HERE. Florida Probate Code vs. The Rules Start by reading the Florida Probate Code. That begins with Florida Statutes 731 and goes forward. It provides some excellent background like a definitions section. That will help you determine “who’s who.” One of the first things you need to do is determine standing. Do you have the legal ability to contest a will? If you are a beneficiary or personal representative under a prior will, you have standing. But not everyone has standing, including some close family members. To read about heirship + standing and a recent decision, click HERE. There are more probate statutes about judicial proceedings and trying to revoke probate. Getting Ready to Contest Contesting a will in Florida can be done before probate is opened, or after. But, it has to be done after someone’s death, not before. If a probate has not been opened, then open one by filing a petition for administration. If a probate is already open, then file a response to the Petition for Administration. Then file a Petition to Revoke […]

Learn if a Florida estate contingency lawyer can assist you with an inheritance, will contest or probate. Lots of family members want help with Florida probates. Maybe they want to file a will contest or object to the will. Maybe there is already pending an INHERITANCE LAWSUIT. Perhaps it’s more simple. They want an inventory, accounting and someone to explain their Probate Rights to them in plain English. Regardless. But good & experienced probate litigators are hard to come by. And when you do find one that you click with, she or he can be expensive. Is there some way for a client to hire good legal counsel without shelling out thousands in billable hours? Some refer to a Florida Estate Contingency Fee as the keys to the courthouse door. Let’s examine what that is and its pro’s and con’s for probate matters. We have previously written about Probate Contingency Fees. 5 Tips to Finding an Estate Contingency Lawyer Here are 5 tips on trying to find a great Florida Probate Litigator on an Estate Contingency Fee. First, find someone with 20 years+ experience. Like doctors, good lawyers develop over time. The more years you practice, the more cases you try. Hopefully, they are getting a lot better along the way. And, after 20 years of an active probate litigation practice, hopefully they “have seen it all.” Or close to it. Second, find a litigator, not just some probate lawyer. Litigators are more apt to take your case on an […]

How do you ask your trustee for money? Let’s say that mom or dad or grandma set up a trust for you with $10 Million. You want money, right? So, how do you ask your trustee for money or trust funds? We have previously written about a TRUSTEE’S DISCRETION, when your trustee refuses to give you money. We have also commented on how to appeal a trustee’s decision to NOT give you money. Let’s focus on how to ask for money from your trustee. 5 Tips On How To Ask Your Trustee for Money First, understand the playing field. Read your trust document ! It will tell you the standards or the rules of the game. Like, how money may be distributed to you. Or how often. And for what purposes. If the trust says that you can request money for a residence, consider this. If you don’t have a job, I doubt your trustee will buy you a beach house in Nantucket. Or a ski chalet in Aspen. But, hey, maybe they will. 2nd, put it in writing. Emails are fine. 3rd, cite or refer to the part of the trust that makes you believe you can get money. Your trustee should be reading the trust, so you better know it, too. 4th, give an explanation. Help your trustee understand why you want or need the money. If you want a new car, why do you want to purchase a Tesla versus renting a less expensive vehicle? 5th and […]

Trust beneficiaries know that many Florida trusts give lots of DISCRETION to a trustee. That discretion may include giving trust money to you. Or not. What does a trust beneficiary do when they want to appeal a trustee’s decision? How is this done? Let’s assume that you asked a trustee for money. And she said “no!” 2 Things Every Trust Beneficiary Must Read So, there are 2 things which every trust beneficiary should understand. The Trust Document itself and the Florida Trust Code. You can also watch a FREE FLORIDA TRUST VIDEO on trust administration + beneficiary rights. The Trust Document itself is the legal document which creates the trust. It’s like a will. It will tell the trustee, who runs your trust, what to do with the money at every step of the way. That document also tells you how long the trust will last. Perhaps most importantly for a trust beneficiary, it tells you how to get money. Or, put another way. It tells the trustee under what circumstances money from the trust may be distributed to a beneficiary. Trust funds may be used for your benefit. Such as making distributions to your spouse or children if permissible. Or directly to your service providers. This can include paying your health insurance, auto payment, mortgage, or credit card bills. So, what do you do if you asked your trustee for money and they said “no” ? Here’s 5 steps on how to appeal your trustee’s decision 5 Steps Every […]

Florida trust beneficiaries have rights ! And if your Florida trustee is bad, or not giving you information. You can ask a Probate Court to surcharge. What is Florida Trustee surcharge and why is it so important to experienced trust litigators? Florida Trust Code The Florida Trust Code is a set of laws or statutes. They tell beneficiaries about their rights and trustees about their duties. Duties? Yes, under the trust document and Florida Trust Law. These laws will tell you a lot about judicial proceedings and rights and obligations. The Florida Trust Code is probably the single most important document to read besides the trust document itself. And, perhaps most important to beneficiaries. These laws tell you what you get if a trustee commits a BREACH OF TRUST. A breach of trust is a breach of fiduciary duty. What remedies does a beneficiary get? There’s a whole list RIGHT HERE. That’s Florida Statute 736.1001. What about damages? If you want to know about trustee damages, CLICK HERE. That’s Florida Statue 736.1002. But what is this trustee surcharge? Trustee Surcharge Explained Think of trustee surcharge as a personal fine against the trustee. She can’t use trust funds to pay the fine. She has to pay it personally. Individual trustee liability. That’s why you have to sue a trustee in their fiduciary capacity and their individual capacity. A surcharge action can be filed by a trust beneficiary. File a trust complaint under Florida Trust Code Statute 736.0201. You have to plead, […]

A probate contingency fee may be appropriate for certain family members and beneficiaries. But before you hire a lawyer for your Florida probate matter, consider the pro’s and con’s. Make sure you get your contract in writing and understand your rights and obligations. We have written about CONTINGENCY FEES in Florida before. Now, let’s focus on them in a probate case. Whether they make sense or not. For a FREE CONTINGENCY FEE VIDEO, click here. Such a compensation arrangement may be appropriate to help you get the legal representation you need to be heard in court. These type of fee arrangements may make sense for trust cases, inheritance lawsuits and probates. And I’m not talking just about a will contest. Every day, it seems that beneficiaries need legal representation to deal with their trustee or executor. And the Personal Representative. Does it make sense? When is a probate contingency fee appropriate and does it make sense? Well, many times family members want to OBJECT TO A WILL in Florida. But, they can’t afford a probate lawyer to handle their trial. After all, a will contest, for example, is a trial. And there’s lots of work that goes into preparing your case for trial. Witnesses to depose, hearings, research, discovery and gathering EVIDENCE. Many times, a family member or heir does not have thousands of dollars to pay for a probate trial. Or even to pay a retainer. Important Points That’s where a contingency fee may make sense. Here are some […]

A contingency fee has been described as the “keys” to the courthouse. They can help clients who might not otherwise afford an experienced attorney, to hire one. But a Florida client should know the ups and downs, pro’s and con’s. So, what is a contingency fee? For a FREE VIDEO on Florida Contingency Fees, CLICK HERE. Will He Take My Case? Hiring an attorney is tough. After all, how do you know that she is competent and will work hard for you? But, that’s true of any service provider, right? I mean, whether you are hiring a dry cleaner, an architect or a lawyer, you do your homework. But when it comes to Florida estates and trusts, some family members need a probate lawyer that they can’t afford. In many instances, they need a lawyer who specializes in FLORIDA PROBATE LITIGATION. And, you know what I’m going to say next. Some clients want an experienced, smart, aggressive PROBATE TRIAL ATTORNEY. That’s understandable. But the traditional method to pay lawyers is expensive ! And those probate trials take time. With all the discovery, hearings, witnesses and evidence. If there were only a way to hire a good probate litigator in Florida who would take your case and get paid later. That helps you start to understand what is a contingency fee. Why a contingency fee? Let’s define a contingency fee. A contingency fee is when the Florida lawyer takes a % of your recovery or inheritance or damages which you may […]

Understanding what is standing is a key to Florida probate proceedings. Want to contest the will? Well, you need standing. Do you want financial information about the probate assets? Same comment. You need standing. We have previously discussed HEIRSHIP in Florida probates and who can CONTEST THE WILL. Let’s dig a bit deeper into this legal definition of standing in Florida probates. The Florida Probate Code The Florida Probate Code is found HERE in the Florida Statutes. You can read all about probate and personal representatives and accountings. But there is very little information about standing. What is standing is a legal concept. Explained and defined by the Florida Appellate Courts. Think of it as the “connection” someone must have to a lawsuit or legal matter. After all, not everyone can participate in a Florida probate. Or a lawsuit. They don’t have a right to. Some “Jane” or “Joe” can’t just walk in off the street and get involved. You need some connection to the deceased Florida resident, her property, or the people who are involved. What is Standing Defined In Florida probates, you have to be an “INTERESTED PERSON” to participate. An interested person means that you are going to be affected by what’s going on. Now, interested person is different than an “indispensable party.” An interested person in the Florida Probate Code means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. You can read all the definitions at […]

Who inherits from a Florida estate if you are not sure if the deceased person is your parent? Well, Florida law permits you to ask a Probate Judge to determine if you are a child. Many times, after someone dies, adult children come to the estate and suggest that they are a child. They want to inherit or have LEGAL STANDING to Contest The Will. A child might inherit under a POUR OVER WILL, from an intestate estate, or even from a Florida Trust. We have written about a Petition to Determine Heirs before. Now, you can read an April 1, 2021 opinion from Florida’s 5th District Court of Appeal on Florida Heirship. And what it takes to establish paternity. (Hint: it takes more than having a person’s name on your birth certificate.) How to Inherit If There Is No Florida Will If there is no Florida will, we say that the Florida Probate is an INTESTATE ESTATE. You can read the Florida Probate Code laws on an Intestate Estate by clicking HERE. Heirs inherit when there is no will in Florida. We previously posted free Florida probate commentary on Heirs . That link includes a consideration of who is a Florida Heir? You can also read more here. Florida Heirship Appeal: April 1, 2021 In this April 1, 2021 Florida Heirship appeal, a Personal Representative/ Appellant, won. His appeal victory caused a reversal of a summary judgment (probate court) ruling. The Probate Judge found an adult claiming to be […]