A son and father were in dispute over their deceased mother/wife’s last will and testament. Issues included whether shewas domiciled in Florida or Pennsylvania, in a world where technical rules govern most things it may surprise you to learn that much of how probate is done depends on who files first, and where. Here are two ways to ensure you probate a will where you want and how you want.

Will contests can get bitter and last years. Usually parties complicate the litigation to the point where an actual trialon all the issues raised may be largely impossible. This is where mediation comes in, all cases in Florida go through mediation. Mediation is not in and of itself binding, but if you forfeit your rights under a mediation agreement the courts will hold you it, absent a finding of fraud or mistake. As the case I outline below shows, merely having a change of heart is not enough to warrant over turning such an agreement.

All to often I am asked about a gratuitous promise to pay that someone wants toenforce after a testator dies. A gratuitous promise is one to give or do something for no consideration or for free. So if your rich aunt from Boca promises to pay your 200,000 dollars in student loans then dies are you entitled to anything? Here is a quick reference guide to help you figure out your entitlement. 

There are a variety of ways to invalidate a will in Florida including alleging undue influence, fraud, duress, mistake and that a will is contrary to public policy. Often people have a lot of confusion about what the last term really means, and a case coming out of the Mississippi Supreme Court last year helps put this confusing clause into simple English. 

With all the stories of famed Cubs player Ernie Banks estate dispute in the news, the problem with leaving a loved one with a caretaker is getting more and more publicity. Caretakers can be a godsend but they can also be a source of abuse and financial exploitation sometimes conning millions from an estate. Often I am asked, how does a Court decide if such awards are proper? A recent case from Kentucky is rather illustrative.

The Fourth District Court of Appeal held in an interesting case that a self proving affidavit cannot be construed as valid in the absence of a properly executed will. As discussed previously a self proving affidavit is an affidavit that can be placed in with a will to allow it to skip probate. This case poses the question what if that affidavit was executed properly on an otherwise invalid will?

Trusts like most parts of an estate plan are meant to last a long time but they may still need amended from time to time. All to often though these issues are ignored until its actually causing a beneficiary to lose money or assets. Now a Court has to be asked to modify the trust but traditionally the Court was bound by the four corners of the document in interpreting it, in Florida is there anyway to have the Court hear the other evidence? Yes, in legal terms this is called extrinsic evidence and it is admissible in Florida to modify a trust.

Wills are a technicality ridden document, with various signatures and notary blocks that must all be executed properly. Often clients of a probate attorney are very diligent in reading what they sign but often they just assume that the witnesses will sign their parts properly. This is a fatal mistake as a recent case decided in February of this year shows. The lesson is simple, if one of your witnesses messes up its your inheritance that’s at stake – measure twice, cut once.

The recent death of Chicago Cubs great Ernie Banks made the news and now his estate is making the news but not for being a great baseball player or MLB standout.  Anyone involved in financial exploitation, will contests, and estate disputes may want to read more about this recent case of a caretaker accused of getting a will signed just before death, and in the midst of Banks’ dementia.

When a Personal Representative in Florida breaches their duties and is foundliable in Florida Probate Court they can either be liable individually or in their capacity as PR. The difference is important for you if you’re the one suing because it may affect your ability to collect your money that you did not properly inherit. A recent case in Texas illustrates three mistakes commonly made by PR’s that get them into hot water.