Webinar: When Worlds Collide (CLE Credit 1)
Florida Family Law, Divorce, and Probate
When Worlds Collide: Florida Family Law, Divorce, and Probate
A Florida Bar approved continuing education course.
- Why are we here?
- How the legal worlds of “probate” and “family law” can overlap, or “collide”
Divorce: when death is imminent
- Bifurcation of divorce proceeding
- Judgment of dissolution “ends” marriage and inheritance rights
- Family law court or division retains jurisdiction to determine property rights
Divorce: when death was not expected
- Dissolution proceeding abates in family law division
- Inheritances rights of surviving spouse
- “Open” up a probate
Florida Surviving Spouse Inheritance Rights: when death was not expected
- Family allowance
- Elective share
- Calculating the $ amount
Former Spouses as Creditors
- Statements of claim
- Need to “open” a probate
- Objecting to statements of claim
- Independent actions
- Who gets notice?
- Involving the decedent’s trustee (of their revocable trust)
- Obtaining accountings and relevant information
- Creditors are owed a duty, too!
- Two year time period
- 3 month time period
Statements of Claims in Florida Probate
- Who can object?
- Where do you want the independent action tried?
Prenuptial & Postnuptial Agreements
- Spouse or former spouse as creditor
- “Tension” between adult children from prior relationship of decedent vs. last spouse
- Determining validity of agreement
- Enforcing the agreement
- Understanding who gets paid first vs. inheritances
Marital Settlement Agreements and Final Judgments
- Recurring Problems
- Where’s that life insurance?
- What do you mean there’s no money left?
- Enforcing rights of minor children
- Adult children objecting to a parent’s marriage (post death).