Monthly Archives: November 2025
Can a Florida Probate Court “Correct” a Mistake in a Trust?
Florida residents commonly create trusts as part of their estate plan in order to distribute their assets upon death without the need for a lengthy probate process. Unfortunately, trusts are not always successful in avoiding disputes among family members, especially when there may be problems with how the trust was created or funded. If… Read More »
Should You Resolve a Florida Partnership Dispute Through Arbitration?
Many Florida partnership disputes are resolved by an alternative to traditional litigation such as mediation or arbitration. The latter, arbitration, is often required by the partnership agreement itself. Under a mandatory arbitration clause, a partner waives their right to sue the partnership in the event of a disagreement. Instead, both sides agree to have… Read More »
Is a Postnuptial Agreement Enough to Waive a Spouse’s Florida Homestead Rights?
If you are married and own your home, Florida’s Constitution protects your spouse’s right to continue living on the property after you die. This homestead protection applies even if your spouse was not a co-owner of the property. And while a spouse can waive their homestead rights, it must be done in a way… Read More »
The Limits of “Totten Trusts” as a Tool for Avoiding Probate Litigation
At Bleakley Bavol Denman & Grace, our estate litigation attorneys often deal with situations where siblings are fighting over an inheritance from a parent’s estate. Many parents try to preempt such conflicts through a non-probate transfer of assets, such as placing a house in a living trust or having a bank account be “payable… Read More »