An August 24, 2018 First DCA opinion, Senopoulos v. Senopoulos, regards a dispute over who is entitled to become the personal representative of a Florida estate. Did you know that a personal representative is the same thing as an executor? In Florida, we just use the term “personal representative” instead of “executor”. Is a surviving spouse entitled to be the personal representative of the decedent’s estate? Which family member is entitled to serve as the personal representative of a West Palm Beach estate? What happens if the decedent did not have a will naming who he or she would like to represent his or her estate? 

A 2011 3rd DCA opinion, Reid v. Estate of Edgar Sonder, discusses trust reformation. Did you know that it may be possible to reform a trust after the settlor of the trust passes away? What can you do if there was a drafting mistake during the creation of a trust? Do you believe that a revocable trust does not reflect the intent of the settlor due to a mistake that had occurred?  How can a West Palm Beach probate lawyer help you if you wish to petition to reform a revocable trust? 

If you are involved in a probate or inheritance dispute in Florida, your probate lawyer may frequently talk about the Florida Probate Rules. The Florida Probate Rules are very important, and probate litigators need to know them very well. However, it is important not to forget about the Rules of Civil Procedure. These rules apply in most circumstances and, certainly, when a proceeding in a probate court is adversary. Don’t forget, you can ask interrogatories to any party you want. This means that you can ask the questions you want and the party you are questioning has to respond in writing, under oath, and within 30 days. For more information regarding discovery and interrogatories in Florida probate litigation, ask your West Palm Beach probate lawyer about Rule 1.340 of the Florida Rules of Civil Procedure. You can also read the rule in its entirety below.

What is an offer of judgment? When is a proposal of settlement compliant with Florida Rule of Civil Procedure 1.442? What should my trust and estates lawyer know about the particularity requirement of rule 1.442? You may want to read a March 23,2018 Second DCA opinion, Bright House Networks v. Cassidy.

Can an Orlando trust be reformed if a mistake was made during the creation of it? When can you reform an Orlando trust? What happens if the language in an Orlando trust is not clear? What should your West Palm Beach probate lawyer know about reforming an Orlando trust?  

A recent opinion from the Supreme Judicial Court of Massachusetts, Ciani v. Macgrath, centers around a surviving spouse’s rights to real property of the decedent. Although this is not a Florida probate case, probate lawyers in Florida encounter estate cases with similar facts. Here, the surviving spouse of the decedent filed a partition action, seeking to force the sale of three properties that she inherited with the decedent’s children. As West Palm Beach litigators, we frequently see this fact pattern. Probate attorneys know that co-owning property can be very difficult if the co-owners do not get along or see eye-to-eye. What do you need to know about a Florida partition action? Have you recently inherited interest in real property that you co-own with people you don’t like? Would you rather sell a property that you’ve inherited an interest in, or co-own it with people that will make your life difficult? If you are considering filing a partition action in Florida, feel free to call us at (561)514-0900 ext.101 for a FREE consultation.

Probate lawyers know that surviving spouses in Florida have many rights. With that being said, surviving spouses often hire estate lawyers to assist them in receiving their inheritance. Oftentimes, surviving spouses end up in probate battles with family members of the decedent. Therefore, a trust lawyer is necessary for the surviving spouse to insure that his or her inheritance is not taken! 

If the ward is determined to be incapacitated by a Florida guardianship court, does he or she still have the capacity to hire a lawyer? Can a ward reach out directly to an attorney to hire him or her as the ward’s attorney? Does a ward have a right to an attorney?  If you are involved in a guardianship in Florida, you probably want to know the answers to these questions. A recent Third DCA opinion, Jacobsen v. Busko provides the answers. 

On January 23, 2019, CNN reported that comedian Kevin Barnett  had passed away.  He was best known as the co-creator of the  TV comedy show “Rel” on Fox. He was only 32 years old when he passed away.  Did he have a will or a proper estate plan in place? What does his estate consist of? Who will inherit? A February 8, 2017 New York Times article states that only 42% of American adults have a will. This data was taken from a survey that was published on Caring.com. According to the survey, 81 percent of people 72 and older have one. However, the younger the person, the less likely it is for them to have an estate plan. Hopefully, Barnett consulted with an estate planning attorney before he passed away. West Palm Beach probate litigators know that, if you die without a will, your heirs will inherit. If he had died in Florida without a will, which he did not, his heirs would inherit according to Florida intestacy laws. Who are Barnett’s heirs?  Will his heirs even inherit anything at all? To read the entire article, click here.  

In Florida, can anyone be the personal representative or executor of an estate? What are the qualifications required in order to be appointed the personal representative? Can the beneficiaries of a Florida estate object to a person becoming the personal representative? How can a probate lawyer help me as a personal representative in Florida? A January 9,2019 Fourth DCA opinion is a good example of a lawsuit between a Florida personal representative and the beneficiaries of an estate.