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Tag: floridaprobate

Prenup Trials in Florida Probates

Uncategorized Jan 18, 2021
post about Prenup Trials in Florida Probates

Prenup trials are not always during life. That’s right, many times heirs and the personal representative of a Florida probate will have a prenup trial about the validity or terms of a prenuptial agreement. A December 18, 2020 opinion on prenup trials from Florida’s 5th District Court of Appeal https://www.5dca.org/ dealing with summary judgment reminds Florida probate lawyers about interpreting a prenup. How Do You Interpret Florida Prenups? The case of Baldwin v. Harris https://www.5dca.org/content/download/695652/opinion/192791_DC08_12182020_084856_i.pdf reminds probate lawyers in Florida how to interpret prenuptial agreements. Is a Florida prenup valid? Well, a prenuptial agreement in Florida is interpreted like a contract — because it is a contract. If a contract or prenuptial agreement is clear and unambiguous, it must be read without any testimony or other evidence — often referred to by Florida probate litigators as “parole” or “extrinsic” evidence. In that case, the Florida probate judge simply reads the prenup and tells you what it says. Getting What You Are Owed. Prenups can create obligations which can only be satisfied in a Florida probate. How? Well, some prenups provide for a distribution or inheritance to the other spouse upon death. Remember: Florida prenups may be effective upon divorce or death. If you are owed something when your spouse passed away, you may have to go to probate if the Personal Representative of the Estate, or the Trustee of the decedent’s Revocable Trust, won’t pay. Do you know how to navigate those legal waters to try to avoid a prenup […]

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Divorce and Inheritance Rights in Florida

Uncategorized Dec 17, 2020
post about Divorce and Inheritance Rights in Florida

If you are divorced, can you still inherit from your ex-spouse under his or her Florida will? How does divorce affect inheritance rights in Florida? What if an ex-spouse is a beneficiary named in the decedent’s Florida will? Does it matter if my ex-wife wrote her will before we got married rather than during our marriage?  How can divorce affect an inheritance? Did you know that getting a divorce could have a substantial effect on your inheritance rights in Florida? Palm Beach probate lawyers know that certain probate statutes limit the inheritance rights of ex-spouses in Florida. Frequently, trust and estates litigators, like the lawyers here at Pankauski Hauser, encounter cases involving ex-spouses who believe they should be inheriting what had been left to them in a will that was written during their marriage. Is that ex-spouse entitled to inherit from his or her former spouse’s Florida will even though they got a divorce? This answer can prove to be tricky, and it depends on several factors. For example, one factor to be considered is whether the will was created BEFORE the marriage or DURING the marriage. Therefore, if you are getting a divorce in West Palm Beach or anywhere in Florida, you may wish to speak to your divorce lawyers and estate lawyers about this. You may also wish to read Florida Statute 732.507(2). What is Florida Statute 732.507? If you are the ex-spouse of a decedent, and you are named in the decedent’s Florida will, you may still be out […]

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