An August, 2021 appellate opinion tells you all about Florida fraud on the court. What do you need to know to prove your case? We have previously provided Florida legal commentary about probate fraud. For a free video on CIVIL THEFT, click HERE. Understanding This Legal Concept — lying and motions What is Florida fraud on the court? Well, let’s start with fraud. What is fraud in Florida? Think of fraud as a lie. A really bad mis-representation. Meant to deceive. In come contexts, like fiduciaries — like trustees— fraud can be constructive fraud. That’s when one has a duty to disclose or provide information, but they don’t. In Florida, there are many types of frauds and many rules. Fraud on the court, however, is a different type of fraud. If you believe that someone has lied to the court, to the judge, or to you, consider filing a proper motion. A motion has to have the specific lies or frauds and must list why the other side is lying. And what the court should do because of those lies. What do you need to know? Fraud on the Court in Florida On August 18, 2021, the 3rd District Court of Appeal released its opinion. Chess v. Sweeney This case dealt with Florida Fraud on the Court. For those who have been lied to in court, you may want to read this case. You may also want to file a motion and alert the judge to this. Below is a […]

When should a Florida probate court appoint a Florida administrator ad litem? A recent Miami Dade Appeals Court case discusses this issue. If you are involved in a probate that involves conflicts of interest with the executor, read on. We have previously provided free, helpful FLORIDA PROBATE VIDEOS on similar topics, INCLUDING conflicts of interest in Estates. Estate Conflicts of Interest We all know that a personal representative runs the Florida estate. But what do you do if the personal representative has a conflict of interest? Generally a conflict of interest arises when the Florida Personal Representative’s duties to estate beneficiaries and family members conflicts with her own personal, or individual, interests. A common example is when the Personal Representative wants to buy an estate asset. She has a DUTY to get the best or highest price. But she, personally, may want to pay as little as possible. What do you do when there are MILLIONS in the estate? To read about an executor’s duties, click HERE. When that occurs, experienced probate litigation attorneys may ask the probate judge to appoint a Florida administrator ad litem. But what’s that role? Florida Administrator Ad Litem Role The Florida Probate Rules discuss the role of an estate administrator. It’s common to appoint one when there are conflicts of interest. Or, sometimes if you need a temporary person to run the estate. Additionally, one may be appropriate if there are “dueling” petitions for the appointment of a Personal Representative. After all, if everyone […]

POA theft in Florida is serious business. A Power of Attorney is a fiduciary. She is supposed to use the money for the principal’s care. The money does not belong to the POA. In most cases, a POA also cannot change the beneficiary of a bank account. Here’s what you need to know about Florida law if you have discovered POA theft. We have previously provided information about powers of attorney in Florida, financial exploitation, and even a FREE VIDEO. What you need to know about POA law.. In Florida, a power of attorney is a fiduciary. The person who is the power of attorney is often called the “attorney in fact.” She is supposed to act on behalf of her “principal.” The “principal” is the person who created the power of attorney. Or, think of it this way. The principal is the one who the POA works for. One easy example is the following. A wealthy woman named Nana has her probate lawyer draft a power of attorney. Nana’s power of attorney names Tommy as Nana’s “attorney in fact” or power of attorney. In this example, Nana is the principal. Tommy is the POA, or attorney in fact or “agent.” But even though the word “agent” is used to describe a POA, Tommy is a fiduciary. Here is a list of Tommy’s duties that he owes Nana: CLICK HERE FOR LIST OF DUTIES. That means that Tommy may use Nana’s money and property for Nana’s care, and Nana’s use. […]

Billions and billions of dollars flow through and around Florida probates. Many times the Florida resident uses a last will to leave inheritances. Sometimes, the will pours over into a revocable trust. Which is now irrevocable. To understand your rights, you need to understand the Florida Probate Code. Whether you are a trustee or a beneficiary who got cut out. Think of the probate code as two big volumes of laws. One tells you who inherits if there is no will. The other tells you all about probating a Florida will. For an easy-2-understand, Plain-English look at the Florida Probate Code, read below. For a free VIDEO library of insightful, free Florida Estate and Trust Topics, click HERE. The Basics The Florida Probate Code is made up of statutes. Florida laws. They are different than the Florida Probate Rules. And the rules of civil procedure. The probate code has a lot of definitions. It also tells you about starting a probate. Starting the administration process. Why is that important? Because that’s what the law says. When we die, there are all these special rules for dealing with the dead person’s money. And her creditors. And expenses of administration. Beneficiaries get paid last. When there is not enough money to give out, the probate code has laws for that, too. There are many, many rules for gifts or inheritances. Like, what if a piece of land is left to you in the will. But the land was sold 5 years ago. […]

The Florida Trust Code is a set of statutes. It sets the groundwork for all Florida trust matters. Everything from the trustee-beneficiary relationship. Creating and ending trusts. And, of course, judicial proceedings like lawsuits and removal actions. To get a plain-English background of this body of Florida law, keep reading. We will point you to the most important parts of the trust code. Whether you are a beneficiary, trustee, or adult child of a beneficiary or trust creator. And, yes, if you got cut out of a trust, there’s information for you, as well. If you would like to see a number of focused, informative Florida Trust & Probate Videos for free. Click HERE for an outstanding video library on important Florida estate and trust legal topics. Now, let’s show you what to read in the trust code, and we’ll name specific statutes for your to read. This is “user-friendly”. There is a link to more information on the part we are writing about, so you can read or learn more on a particular topic if you want. The Background First, you should know the background. The Florida Trust Code is a set of statutes. These statutes are found at Florida Statutes Chapter 736. The trust code is similar to the Florida Probate Code and the Florida Guardianship Code. How? They set forth what our legislature wants you to know about those particular topics. Why mention them? Because they can all interconnect. If you have a guardianship of a wealth […]

Lost wills are gone forever, right? Not so fast. How in the world can you probate a will if it is lost or destroyed? Well, believe it or not, there is a mechanism for Florida probates to do just that. But the rules are tricky and you need to jump through all the hoops. We have previously provided steps, tips and rules for probating a Lost Will Florida. Now, let’s go one step further. Here’s what you need to know in plain-English about a Lost or Destroyed Will Florida. Step by Step Most people don’t believe that you can have a will that was lost or destroyed admitted to probate. But you can. You have to first understand the rules and procedure. Next, you have to get in touch with disinterested witnesses about the will. Finally, you have to “prove it up” so to speak. What does that mean? It means that you have to reveal the terms of the trust. With precision. It today’s world with emails, .pdf’s, electronic copies and scanners, that is not as hard as it may sound. After all, doesn’t everybody scan and save documents? Truth be told, proving up a lost or destroyed will Florida is a lot more challenging than, for example, a contract. But that’s what great probate lawyers in Florida are for, right? Oh yes, don’t forget about the presumption. In Florida Probate Law, there is a presumption that the will was destroyed. If the will was last in the possession […]

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 […]

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 […]

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 […]

Florida Life Insurance Trusts hold billions and billions of dollars. And with good reason. Most Floridians have some type of life insurance. And if you place the insurance into an irrevocable trust the correct way, it can be income and estate tax free. But, admittedly, there can be a lot of probate litigation of life insurance and trusts when the insured life dies. A March 31, 2021 opinion from the 4th District Court of Appeal tells us how to interpret, or read, insurance contracts when there is a disagreement. We have previously provided commentary on DIVORCE and LIFE INSURANCE. Now, let’s discuss policy construction or interpretation. For a free legal video of how to make a claim for life insurance money, CLICK HERE. Life Insurance’s Role Life insurance shifts the risk of loss to another — the insurance company. It is used by family law or divorce attorneys in Florida a lot. Many times, a divorcing couple have minor children. When they get divorced, often someone is getting life insurance for the minors. In the corporate or business context, Estate Planning Lawyers often see companies purchase life insurance. They want money if a key employee or executive dies. For family businesses, life insurance can create liquidity to pay estate taxes or expenses when a wealthy individual dies. But many times parties have a disagreement about a CHANGE OF BENEFICIARY to a policy. Many times former spouses or ex spouses fight over ENTITLEMENT to a life insurance contract after the death […]