What is a holographic will according to Florida law ? An estate lawyer can tell you that a holographic will is, generally, a handwritten and unwitnessed Last Will and Testament. Probate judges do not accept holographic wills in Florida. Is there an exception? Yes, it is called reciprocity. Ask your probate attorney about reciprocity. Florida Statute 732.502 specifically says that holographic wills are not accepted because they are not properly executed. EVERY valid Florida will must be in writing and be executed according to Florida Statute 732.502. Holographic wills almost never meet Florida’s will execution requirements. To learn more, read Florida Statute 732.502 in its entirety below.

When does the right to inherit vest? Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. You may want to read Florida Statute 732.106.

Have you read the term “pretermitted children” in a Florida will? What is a pretermitted heir? When do pretermitted children inherit? What should Florida probate lawyers know about pretermitted children and your Florida probate matter? You may want to read Florida Statute 732.302.

According to Florida law, what is a pretermitted spouse? What should probate litigators in West Palm Beach know about pretermitted spouses? If your husband wrote his Florida will years before he met you, you may want to read Florida Statute 732.301.

What happens if someone is missing? Can you probate a missing person’s estate? What happens if you hear someone died but no one has any clue where they are? What should Palm Beach trust and estates lawyers know about inheriting from a missing person? What if you are an heir at law or a beneficiary in a Florida will? How do you know if you inherit from a missing person? 

Is your estate plan up to date? Do you own property in another country outside of the United States? For example, do you own vacation property in the Caribbean, or a hotel in the Dominican?

A recent case from the Fourth District Court of Appeal (DCA) discusses the defendant’s legal ability, in Florida, to ask a Florida court to transport, or dismiss, a Florida lawsuit to another state that is more convenient. The legal doctrine of forum non conveniens may be invoked by a party under certain circumstances.It is important for people involved in Palm Beach trust lawsuits to understand that motions to dismiss, and the choice of a court room to handle a trial, are actually trials before the trial. These trials before the trial require limited discovery, witnesses, documents, and evidence . Probate attorneys know that a motion to dismiss for lack of personal jurisdiction or a motion to dismiss based upon forum non conveniens can be important for strategic, legal, and financial reasons.

When does the right to inherit vest?  Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.

How old do you have to be to serve as executor of a Florida estate? Is an “executor” the same thing as a “personal representative”? Who can serve as the executor of a Palm Beach estate? If your mom dies, how can you be appointed the executor of her estate by the West Palm Beach probate court? What should you probate litigator know about the qualification requirements of being an executor in Florida?

Probate litigators know that it can be very helpful to have a court reporter present at all hearings. This includes hearings that you may believe are “no big deal”.  This makes sense since the cost is relatively small,  and transcripts provide a solid record of what was said by whom, and what transpired throughout a lawsuit.