Do you know how to file an objection to an Orlando will? Do you know how to object to a Florida probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

Do you REALLY want to run the estate? LOL. Seriously, it’s a lot of work . It requires time, focus and some energy. Even if you hire a lawyer who does most of the heavy lifting. So, who can be personal representative of a Florida estate? And, why would you want to be the estate executor? Why be a personal representative? Can I be a personal representative of a Florida estate? Some people cannot be the personal representative. Why?  Because that’s what Florida law says.  The probate laws create a priority.  Some have preference.  If you are a felon , you can’t serve.   Nominated or appointed in a will?  You go to the top of the list.  And you must, at least !, be related to the decedent by blood or marriage.

Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence.

Are you involved in an inheritance conflict, will contest or petition to provoke probate in a West Palm Beach probate court? If so, you may be familiar with the term “undue influence”. Palm Beach trust and estates lawyers know that a will may be void in a Florida probate action if the will was obtained through undue influence. In addition, changes to beneficiary designations or estate planning strategy, when caused by undue influence, may be void. 

A June 21, 2017 Fourth DCA opinion, Lerner v. Dum, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Lerner v. Dum reminds us of a VERY important rule regarding temporary injunctions in Florida litigation.

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.

What is “formal notice” under the Florida Probate Rules?  When is formal notice required? What should your probate lawyer know about formal notice? Are all beneficiaries of a Florida estate entitled to be given formal notice? You may want to read a November 15,2018 Fourth DCA opinion, Wolf v. Doll. 

Do you think that someone is “messing” with your inheritance? If so, can you sue them in a West Palm Beach probate court ? Can you sue a person for tortious interference of your inheritance if they convinced your dad to write you out of his Florida will? You may have heard of tortious interference but do you know when you have a strong claim for it in Florida estate litigation?

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.

Beneficiaries of a Florida trust have a right under Florida Probate and Trust law to “relevant information.” This includes accountings. Therefore, when you are the beneficiary of a Florida trust, you have a right to order an accounting of that trust. In fact, Florida trustees are required to make a trust accounting annually. In regards to a Palm Beach estate, personal representatives are required to file an inventory and then an accounting before they close the estate. As a beneficiary of a Palm Beach trust, the Florida Trust Code gives you this right. If you are the beneficiary of a Florida estate, the Florida Probate Code also gives you the right to an accounting.