One common question a Florida probate lawyer gets is “how long does probate last?” The answer (shockingly) is it depends! What does it depend on? Well for one thing Florida probate litigation is going to take a lot longer than a simple administration. Check out this recent case out of the Fourth District Court of Appeals in West Palm Beach to learn more.
Litigation vs. Administration
- Do you know what Florida estate litigation actually is?
- Also how does it differ from Florida probate administration?
- Florida probate litigation is when the sides are going into Court to fight out different issues related to an estate.
- A Florida estate litigator will usually be in charge of handling this case and taking it to the jury and probate judge.
- Florida probate administration is a little bit simpler.
- Administration again is handled by estate attorneys Florida but here they do not have to litigate.
- Here, the issue is just figuring out who gets what, without a dispute.
- Once you get a dispute involved it is time to hire a Florida probate litigator or Florida will contest lawyer.
- Is your case going to devolve into Florida probate litigation?
- How do experienced Florida estate attorneys keep a simple Florida probate administration from boiling over into probate litigation?
- Check out this recent case to learn what not to do to end up in years of probate litigation.
Blackburn v. Boulis
- This was two appeals consolidated into one concerning estate litigation in Florida.
- The surviving spouse wanted paid her elective share.
- Do you know what the elective share is?
- Basically, after the estate plan left her nothing, she wanted paid anyways.
- Rightfully so, as under the Florida probate code she has a right to that money.
- Still, this particular case has resulted in years of probate litigation.
- Do not forget the estate needs a probate lawyer for all of this.
- Who is paying for the estate’s litigation expenses?
- What happens to your inheritance in Florida when all of it gets eaten up by Florida probate litigation?
- Is Florida probate litigation worth it in cases like this?
- Experienced Florida probate lawyers know that it depends on how much money there is.
Want to learn more about Florida Probate Litigation?
Check out the entire case by clicking here.
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