Search Results: heirs

Challenge a Will Florida is a plain-English Florida probate commentary. Get some thoughts about a will challenge. Maybe you are a family member who got cut out of a last minute will. Or, a beneficiary under a prior will that was changed just before death. We have previously posted a FREE WILL CONTEST VIDEO for heirs to view. Now, if you have been dis-inherited or have questions about a last minute will change, keep reading. (To learn about a probate contingency fee, CLICK HERE.) Start with the Basics Challenging a will in Florida typically means that you object to the validity of a will. You believe a will is not valid. To contest the will, to challenge it, you need to go to Probate Court. Why? Well, most people are simply not going to agree to set aside a will if you ask them politely. So, you have to file a Petition in the Probate Court for the county where the person was a resident. If there is no probate proceeding, that means you have to open up a probate. That’s done by filing a petition for administration. You will tell the court whether you believe there was a valid prior will or no valid will at all. When there is a valid prior will, you have to file it or offer it up. If you have a valid will that was lost or destroyed, that’s a different petition. Remember that where there is no valid will, heirs inherit under […]

There are two things you need to read to grasp Florida Estate Laws. There are also some other rules and authority which you may want to read. But let’s focus on these two important bodies of law for now. Would you like to read more about Florida Probate, Pour Over Wills, or Guardianship? Then you can click those words. If really want to read more, here is a link for FREE FLORIDA LEGAL COMMENTARY. If you still want to read more about probate law in Florida, watch a host of excellent FREE FLORIDA ESTATE VIDEOS. Florida Probate Code To understand Florida Estate Laws, begin with the Florida Probate Code. The Florida Probate Code is contained in Florida Statutes. Chapters 731-735. Those laws will tell you who may participate in a probate, how to open a probate and what must be done. There are laws in there about inventories, and rights and duties. There is also a definition section that helps explain important terms. Like what an “interested person” is. And how a Personal Representative should be acting. Most family members, beneficiaries and heirs like this because their rights are explained. But what if you are trying to exercise your rights in a Florida Probate. Don’t you need to know the procedures? Florida Probate Rules While the probate code is important, don’t forget about the Florida Probate Rules. Those rules set forth procedures and guidelines for getting stuff done in a Florida estate proceeding. The rules talk about petitions and hearings […]

There are a handful of Florida Statutes that family members and heirs should read before you contest a will. And if you are non-family member, but were cut out of a will, you need to understanding the Florida Probate Process. You can read these laws for free and relatively quickly. Below is a plain-English, easy-2-understand guide to Florida Statutes Contesting a Will. To see a FREE LEGAL VIDEO about a will contest, CLICK HERE. Florida Probate Code vs. The Rules Start by reading the Florida Probate Code. That begins with Florida Statutes 731 and goes forward. It provides some excellent background like a definitions section. That will help you determine “who’s who.” One of the first things you need to do is determine standing. Do you have the legal ability to contest a will? If you are a beneficiary or personal representative under a prior will, you have standing. But not everyone has standing, including some close family members. To read about heirship + standing and a recent decision, click HERE. There are more probate statutes about judicial proceedings and trying to revoke probate. Getting Ready to Contest Contesting a will in Florida can be done before probate is opened, or after. But, it has to be done after someone’s death, not before. If a probate has not been opened, then open one by filing a petition for administration. If a probate is already open, then file a response to the Petition for Administration. Then file a Petition to Revoke […]

Understanding what is standing is a key to Florida probate proceedings. Want to contest the will? Well, you need standing. Do you want financial information about the probate assets? Same comment. You need standing. We have previously discussed HEIRSHIP in Florida probates and who can CONTEST THE WILL. Let’s dig a bit deeper into this legal definition of standing in Florida probates. The Florida Probate Code The Florida Probate Code is found HERE in the Florida Statutes. You can read all about probate and personal representatives and accountings. But there is very little information about standing. What is standing is a legal concept. Explained and defined by the Florida Appellate Courts. Think of it as the “connection” someone must have to a lawsuit or legal matter. After all, not everyone can participate in a Florida probate. Or a lawsuit. They don’t have a right to. Some “Jane” or “Joe” can’t just walk in off the street and get involved. You need some connection to the deceased Florida resident, her property, or the people who are involved. What is Standing Defined In Florida probates, you have to be an “INTERESTED PERSON” to participate. An interested person means that you are going to be affected by what’s going on. Now, interested person is different than an “indispensable party.” An interested person in the Florida Probate Code means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. You can read all the definitions at […]

What is an Heir in Florida Probates? Heirs inherit millions and millions of dollars from Florida Estates each year !! Heirs is a similar topic to NEXT OF KIN. The definition may just surprise you. Florida Probate Code Definition– understanding the legal definition of what is an heir in Florida probates The Florida Probate Code has a set of definitions. What is the definition of an Heir? “Heirs” or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent An estate that has no will is called an intestate estate. Put another way: a probate of a Florida decedent that died without a will is called an intestacy. Property passes to Heirs by way of intestacy. The intestacy laws in the Florida Probate Code are found RIGHT HERE. Or, to phrase this another way: the statutes of intestate succession can be found by CLICKING HERE. Now, before we move, let’s focus on what is an heir in Florida Probates. Spouses are heirs !! Does it matter if the spouse of the decedent was only married for 10 seconds? No! 50 years? Nope. Does it matter if the surviving spouse, widow or widower was a nasty person? No. None of that matters. The only thing that matters is whether a spouse signed a PRENUPTIAL AGREEMENT or a POSTNUPTIAL AGREEMENT. If you think the marriage was the product of fraud, read THIS. To watch a great, FREE […]

A March 31, 2001 appeal sheds light on heirs at law dealing with a foreclosure case. In Florida, lots of wealthy people die. Sometimes, for whatever reason, there is a foreclosure case. That’s not the end of the world. Heirs can still inherit. Remember. Foreclosure cases are only the lender saying “hey, I want to get paid.” Sometimes, because the homeowner is dead, mortgage payments are missed. That can innocently cause the property to go into foreclosure. That does NOT necessarily mean that the heirs lose the house. And it does NOT mean that the family loses all that money. To the contrary, if you have a good probate litigator. Many times, EXPERIENCED, TOUGH FLORIDA PROBATE LAWYERS can negotiate for you and work through the foreclosure. The goal is to try to get an inheritance for beneficiaries and family members. Yes, HEIRS can inherit. Anyway, read this Florida Appeals Court opinion about a motion for a continuance and a probate foreclosure case. Foreclosure Appeal The owner of the Florida residence died. He had a reverse mortgage on the property. The lender sued. The heirs responded. They mediated their case. They settled. There was actually no probate opened to clear the title. They wanted to open a Florida Probate. But here’s where the interesting part of this Probate Foreclosure Case is. No one continued the trial. This 2021 2nd District Court of Appeal opinion sheds light on seeking a continuance from a trial. You have to file a motion for a […]

Everyone has a Florida Revocable Trust ! Billions and Billions of dollars are put into them. And family members, in-laws, outlaws, heirs and mis-fits all inherit from revocable trusts every day. So, what really is this estate planning tool or vehicle? For an authoritative, easy-to-understand, Plain English and FREE “one stop shop” on revocable trusts, CLICK HERE. To read more about Family Trusts, consider reading John Pankauski’s book, Pankauski’s Trustee’s Guide: 10 Steps to Family Trustee Excellence. Want more, including a recent revocable trust opinion and statutes? Keep reading. Understanding What Is a Florida Revocable Trust ? A revocable trust is often an important part of one’s Florida Estate Plan. Like a Last Will, it can leave money and property to select beneficiaries. It has been described as an instrument, an estate planning vehicle, a document. A revocable trust is all of that and more. Most wills today are POUR OVER WILLS which leave everything to a rev trust. The rev trust then distributes inheritances out. The creator of a trust is called the “grantor” or “settlor.” Typically, you are your own trustee when you create such a trust. When you are longer a trustee, you can appoint a successor in your trust document. Read About this 2020 Palm Beach Trust Case On August 5, 2020, the Palm Beach Appeals Court issued an important opinion. This appeals court is known as the 4th District Court of Appeal. They issued their opinion on Florida Revocable Trust in the case of Schlossberg […]

What does it mean to contest a will in Florida? Many heirs may feel a sense of entitlement to inherit from a Florida Probate. Florida has a strong public policy that permits residents to dispose of their property as they see fit. These two “forces” can collide. Like when a wealthy Palm Beacher dis-inherits her only daughter. Many family members from out of state want to know about contesting a will in Florida. We have previously provided Florida Legal Commentary on the 3 Month Time Limit to contest a will. Free Probate Videos To see a FREE FLORIDA PROBATE VIDEO about overturning a will based on fraud, CLICK HERE. For a free video on Understanding a Will Contest, CLICK HERE. That video discusses contesting a Florida will. Videos are often quickly educational, and easy to view. But the truth is that you probably learn the most from Florida Probate Laws. These laws are found in the Florida Statutes, called the Florida Probate Code. And the rules of the game are found in the Florida Probate Rules. Probate Court in Florida In Florida, there is a Probate Court that administers estates. Contesting a will in Florida will take place in a probate court. A probate is “opened” in the county of the deceased Florida resident. If a Petition for Administration was filed, you should “answer” it. “Also consider filing a counter petition to exercise your rights” suggests Will Contest Attorney John Pankauski. “If there is no probate, open one up” says […]

Lots of family members, or kin, expect to inherit when family members die. That’s understandable in some instances. But the truth is that how much kin inherit from a Florida estate actually depends on whether there is a valid will or not. Kin, or heirs, inherit if there is no valid will. They inherit from an intestate estate. We previously provided commentary about INHERITANCE RIGHTS of kin. Candidly, the word “kin” is not really used in Florida probate law. So, Florida Next of Kin law can really be thought of as Florida Intestacy Law. Florida Inheritance Law A valid will will be “probated” under the Florida Probate Code. If there is no valid will, then the Florida resident is said to have died “intestate.” Intestacy simply means that there is no will. Or, no valid will. In that circumstance, the Florida Laws of Intestacy tell you who inherits and how much. To know how much you may inherit, read Florida Probate Code 732.101- 732.111. The Florida Probate Code uses the word “Heirs.” See Florida Probate Code 731.201 (20) for the definition of Heirs for Florida inheritance purposes. “Heirs” inherit from an intestate estate. The word “Heirs” is defined in the Florida Probate Code HERE. Heirs or heirs at law means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. The word “kin” under Florida probate law, is really not used any more. What if there is a will […]

Undue influence is a serious topic for estate litigators. And, perhaps more so, for family members and heirs. Have you been dis-inherited by a last minute will? This Florida probate commentary will explain what undue influence is and point you to an important Florida Estate Law. If you want to see a FREE UNDUE INFLUENCE VIDEO by estate and trust litigation attorney John Pankauski, CLICK HERE. Voiding a Florida Will Based Upon Undue Influence A will that is caused by undue influence is void. Florida Probate Law makes that very clear. Read Fla. Stat. 732.5165. Likewise, a Florida Trust that is caused by it is also VOID. If you want to read more about Florida probate and trust law, you can read the Florida Probate Code and also the Florida Trust Code for free. Here, also, is a free link to the Florida Probate Rules. The Florida Probate Rules are different than Florida statutes. There is a special procedure to follow to have a will or trust declared void . “You have to file papers in the Probate Court to contest the will” says veteran estate litigation attorney John Pankauski. “For trusts, you have to file a separate civil lawsuit.” In some instances, like with a Pour Over Will, you have to do both. How Do You Define It? Undue influence is defined as a form of coercion, over-persuasion and force. It is not always the same. It can vary from perpetrator to perpetrator. Undue influence can also have different […]