Does a surviving spouse have rights when it comes to inheritances? Yes ! Those inheritance rights can be worth billions of dollars in Florida ! No exaggeration. A wife or a husband can, at first, be dis-inherited. But, if you did not sign a prenup, you can claim your inheritance. Sometimes, the window of time is very short. We have previously provided solid Florida law commentary on inheritances and personal financial data. After all, you need to know where your inheritance is coming from. We also blogged about a surviving spouse’s rights. What happens if my husband doesn’t include me in his Florida will or trust? What happens to my wife’s homestead property now that she has passed away? Can my husband’s adult children take away the house that I live in just because it was only in my husband’s name? Florida Surviving Spouse Rights In Florida, surviving spouses have inheritance rights to property of a deceased spouse.  In fact, there are statutory minimum benefits to ensure that surviving family members are provided for, regardless of the decedent’s intent.  What are these benefits? Homestead, elective share, and family allowances are three of the main inheritance rights of surviving spouses in Florida. Are there exceptions? As with almost every Florida law, there are exceptions. If a surviving spouse waived his or her inheritance rights in a prenuptial or other agreement, he or she may be out of luck. However, it never hurts to consult with a Florida probate lawyer to make sure that the inheritance rights or homestead […]

Florida has some very valuable property rights at death. One of the most common, litigated and valuable are the homestead rights to a Florida residence. Especially if you are a widow or surviving spouse. You Inherit More Thank You Think Florida Homestead – 6 months to get half the sale money for a widow Every Florida probate lawyer from Miami to Palm Beach knows that the homestead rights of a spouse can be very, very valuable. But, did you know that one of the most valuable probate rights that a widow has must be exercised within six months of death? That’s right. In Florida, a surviving spouse has a right to make an ELECTION to get half of the homestead sale proceeds.  Yup: sell the house, and take half. Therefore, if your wife or husband dies with a $5 million condo on the ocean in Sunny Isles or Aventura, you can ask for $2.5 million. BUT, you only have 6 months to make a proper election under Florida Probate Code Section Florida Statute 732.401. Surviving Spouse = special rights to inheritance Surviving Spouse Homestead Rights in Florida Florida Statute 732.401 explains that a surviving spouse in Florida takes a life estate in the homestead property UNLESS the surviving spouse elects to, instead, take an undivided one-half interest in the homestead as tenants in common. This Florida rule is very important to be familiar with if you are the surviving spouse, and there is a homestead property in Miami or West Palm […]

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 […]

Is someone you know the victim of civil theft in Florida? Have funds been embezzled from a Florida trust or bank account? Many times, heirs and family members want to know what happened to their inheritance. Understanding your rights to your inheritance is important. Here’s more information about this unique legal remedy. It is SERIOUS stuff. Do you have the stomach to handle it? Civil Theft Florida — can you handle the risk? Florida law says if you commit a crime, you can be sued civilly ! Are you ready to collect and exercise your rights? Now, the this law comes with risks + rewards Like all litigation matters, no one– I mean NO ONE– has a crystal ball Would you risk being assessed with attorneys fees if you lose? One such remedy is an action for civil theft Florida when funds have been stolen Can you use this in West Palm Beach probate court? When a trustee comingles or pilfers funds, is that civil theft? For more information, why don’t you start with the law: Florida Statutes 772.11 What about when the personal representative takes funds that she is not entitled to? Recent Case + 1 Law OK, so you want to read more about this law? This “right of recovery?” You can read this 3rd District Court of Appeal opinion in the case of Bailey v. Covington. This is an April 7, 2021 opinion. So, it’s recent and pertinent. Is your probate lawyer up on this? And the statute, or law, you already know about. Because […]

A retaining lien in Florida may permit an attorney to retain its files until she is paid for her services. There are only a handful of points that are easy to grasp to understand this concept. It’s different than, but related to, a charging lien. And, there was a 2021 Florida Bar revised or reconsidered opinion on this topic which is a must read. What is a retaining lien? A retaining lien in Florida is a right. The right belongs to a lawyer or law firm. It is a form of security. To provide some assurance that a lawyer will be paid. If it is valid, it attaches to files. Papers, documents, notes, drafts. …. sometimes ! Maybe! Why? Because the Florida Bar just issued an ethics opinion on lawyer liens on March 23, 2021. It is a must read. That 2021 opinion is a reconsideration of Florida Bar Ethics Opinion 88-11 which was issued on August 1, 1988. To read the 2021 reconsideration, click HERE. How do I learn more? Consider reading an opinion from Florida’s 3rd District Court of Appeal. A 2010 opinion tells you more about this obscure legal topic. That opinion also distinguishes a charging lien from a retaining lien. To see free Florida Legal videos on charging liens, click HERE.  

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?

Legal malpractice is also referred to as “professional negligence.” In Florida, you generally have two years to file suit. This field of litigation is almost a sub-specialty, particularly for probate malpractice. Understanding Legal Malpractice Legal mal-practice, or professional negligence, happens in Florida when a lawyer’s negligence results in damage.  Like a client losing things entitled to them under the law.  Rights. Money. Property.  Think of it this way: an action, or failure to act, causes harm.  Damage.  And, sometimes it is described as not providing the standard of care a reasonable attorney should provide in that field or geography.  Confusing?  Less than clear? But what do you have to show to win your legal malpractice case? Is merely showing that your lawyer was not careful and attentive enough to win? A South Carolina Supreme Court case dealt with legal malpractice in an inheritance dispute.  Anyone involved in a probate  malpractice Palm Beach or legal malpractice matter should consider reading this.