Surviving spouses have a LOT of inheritance rights. Especially when it comes to homestead! But children from a prior relationship may object. Do you know how to navigate inheriting homestead? Spouses = a special class of inheritors Do surviving spouses in Florida have inheritance rights? What inheritance rights do surviving spouses have? Can my wife give her house to someone else in her Florida will or trust? Can my husband leave me and our minor children nothing? What do spousal rights have to do with Palm Beach probate litigation? Can my spouse of twenty years leave all of his money to his children from a prior marriage? If I am a surviving spouse, should I hire a Florida probate litigation lawyer? What am I entitled to? What happens to the homestead? Surviving Spouse Inheritance Rights In Florida, a surviving spouse may have rights to property of a deceased spouse.  As In re Estate of Magee discusses, there are statutory minimum benefits that must be provided for families regardless of the decedent’s intent. What are these benefits? Homestead, elective share, and family allowances are three of the main rights of surviving spouses in Florida. With that being said, these rights can be waived by a prenuptial agreement. Did you sign away your Florida inheritance rights? Talk to an experienced Florida inheritance lawyer to learn exactly what you, as a surviving spouse in Florida, are entitled to inherit. Florida Probate Laws Florida has some specific statutes, or laws, on inheriting homestead. Why? Homestead is considered one of the most important […]

Heirs might inherit a deceased Florida resident’s house. Called homestead. But there are quirky rules. And if there was a ruling in the probate court, you may need to take a Florida homestead appeal to protect your inheritance. Probate Process and Homestead Even though homestead is not considered a “probate asset”, many probate lawyers, and courts, deal with homestead. In an estate. In the probate. Heirs can inherit when there is no will. If you are in the process of hiring a Florida probate litigation firm, you may want to look for a law firm that is experienced in both estate litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the probate world, appeals do occur. This is particularly true for homestead. And Florida homestead appeals. What if you win your Florida probate case and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is also knowledgeable about the Florida Rules of Appellate Procedure, ready to assist. At Pankauski Lazarus, the trial and appellate attorneys have been handling appeals and homestead issues for years and years. Here is one of their victories at the appellate court on an estate, and inheriting homestead: click here. Florida Homestead Appeal Because our firm’s focus is litigation and appeals, our lawyers work hard on strategy. Before trial, anticipating possible appellate issues. And, to attempt to insure that issues are preserved for […]

You only have a limited time for contesting a Florida will. Blow the deadline and it’s over. MOST of the time ! If you want to object to probate or are involved in a will contest, read on. If you are considering hiring an experienced probate litigation law firm on a contingency fee, you can read more by clicking HERE. Will Contests in Florida — what is it? A will contest is an objection raised against the validity of a will. If you believe that a will is invalid, you can hire a Florida estate litigator to contest the will on your behalf. Will contest lawsuits take place in probate courts in front of a probate judge. In order to determine whether you have a strong will contest case, you should consult with an experienced probate litigation lawyer. One question she will ask you is : why do you believe the will is not valid? Or, put another way. What is the legal or factual basis to object and overturn the will ? If the will-signer was not of SOUND MIND, the will is not valid. Same is true if the will was caused by fraud or duress. Hiring a Litigator for Contesting the Florida Will A will contest is a trial! Would you hire a foot doctor to do brain surgery? No! So, is your lawyer comfortable calling witnesses, raising objections and discussing evidence in the courtroom? Will he or she even take your case to trial? Or do […]

Florida homestead property can be very valuable. And, in some instances, “heirs” get a guaranteed inheritance. Sometimes. With Florida residences being worth a lot of money, may spouses and adult children want to know what their rights are. Here are some basic, introductory background “must know” bullet points for Florida homestead property. Some Basics Can your Florida homestead property be subjected to equitable liens? Can a final judgment force someone to sell it? If you are dealing with a Florida lawsuit involving this unique asset, you may want to read an April 24, 2019 Third DCA opinion, Luis de Diego v. Barrios. Here, the appellate opinion explains that The Florida Constitution provides that it “shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon.” However, there is an exception. That property MAY be subject to equitable liens ” where fraud, reprehensible or egregious conduct is demonstrated.” But there’s a lot more to this property than “equitable liens.” Many times, people die without a will. That means , in many cases, 2nd spouses and adult children from a prior marriage, end up “co-owning” a very valuable house. Read More about Florida Homestead Property There is a lot that you can read for free on Florida homestead property: Florida Probate Rules — explains rules, processes and procedures. You may want to get a determination in the probate court that a certain house is homestead property. See Rule 5.405. A Probate […]

Do you REALLY want to run the estate? LOL. Seriously, it’s a lot of work . It requires time, focus and some energy. Even if you hire a lawyer who does most of the heavy lifting. So, who can be personal representative of a Florida estate? And, why would you want to be the estate executor? Why be a personal representative? Can I be a personal representative of a Florida estate? Some people cannot be the personal representative. Why?  Because that’s what Florida law says.  The probate laws create a priority.  Some have preference.  If you are a felon , you can’t serve.   Nominated or appointed in a will?  You go to the top of the list.  And you must, at least !, be related to the decedent by blood or marriage.

Do you know what an estate accounting is? Can a Florida probate court order that the personal representative or a neutral party to account for your inheritance?   And the assets of the estate.  That is what one party sought from a California probate court. What would happen in Florida?

What do you need to know about a Florida Probate Inventory? Well, you are entitled to one. But what do you do if an inventory is not accurate or they won’t give you one? Where’s my money? Beneficiaries want to know what to do if there’s no inventory filed within 60 days. Can you file a motion with the court to compel? (Yes !) Should you? What if the inventory is wrong? That’s easy ! File an Objection. Florida Probate Inventory South Florida is home to some big families; often a deceased person will   leave several children or at least several heirs. I get asked a lot by clients whether they are entitled to an inventory of the estate, and the answer is not as simple as you may like (in other words there is not an everlasting, absolute right.) If your older brother or mother was appointed as personal representative of course you want to know exactly what is left behind, but under certain circumstances you may not be allowed.  The moral of the story is this request the inventory sooner rather than later because after your check is cut so are your rights to request that inventory. The rule regarding inventory of decedent’s estate is codified in Florida Probate Rule 5.340:  The basic rule with regard to Florida probate estate inventory is that the specific heir is NOT entitled to receive a copy the estate’s inventory if he has received complete distribution of his inheritance. For example, if the […]