1-561-514-0900 FREE CONSULTATION

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
    1. Entitlement
    2. Amount
    3. Calculating the $ amount
    4. Satisfaction
  • Intestate share
  • Homestead
  • Retirement accounts
  • Joint property

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).