Florida Estate Planning Case Shows how Courts Handle Issues with Jurisdiction (4th DCA Case, December 10, 2014)
When you have multiple residences in different states, estate planning in Florida can sometimes become a little bit confusing.
Jurisdictional issues in estate planning can arise when:
- You have worked with multiple attorneys
- You have set up trusts in different states or countries
- You have assets or property in different states or countries
- You have pending law suits in multiple jurisdictions
- You have family in other states or countries
Often times your West Palm Beach estate planning attorney, or Florida Probate Litigation lawyer, will tell you that you can prevent jurisdictional issues in your will and estate administration (Aventura) with proper planning and prevention. This may include multi-jurisdictional wills (Florida) or seperate wills for each jurisdiction. Sometimes, however, things can become a bit trickier.
Edwin and Linda Jonas realized this the hard way in a recent Fourth DCA Florida Probate Case:
- Edwin and Linda were married and had created wills together.
- They had residences in multiple states and multiple countries.
- One of which was in West Palm Beach, Florida.
- When they divorced, the two went through several legal proceedings regarding the assets theyjointly held in the different jurisdictions.
- When an estate planning issue in Florida came up, The Fourth District Court of Appeals had to decide if it had jurisdiction (meaning if the issue could be heard by the court or if it should have been brought to a different court in a different jurisdiction).
Here is the citation to read more: Jonas v. Jonas, No. 4D13-1438, 2014 WL 6910820 (Fla. Dist. Ct. App. Dec. 10, 2014).
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