Category Archives: Estate Litigation
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 »
Can a Surviving Spouse Who Waived Their Inheritance Rights in a Florida Estate Still Contest the Deceased Spouse’s Will?
Our Tampa estate litigation attorneys at Bleakley Bavol Denman & Grace often represent people involved in will contests. One thing we often advise clients in such cases, however, is that not anyone is allowed to challenge a will. Under Florida law, you must be an “interested person” in the estate. Generally, this means a… Read More »
The Role of “Domicile” in a Florida Probate Proceeding
At Bleakley Bavol Denman & Grace, we understand that estate administration is all about the legal details. For example, when it comes to administering a probate estate, the first thing that needs to be established is the deceased person’s “domicile.” In simple terms, domicile refers to a person’s legal residence. While many people have… Read More »
What Are the Legal Risks of Leaving Your House to More Than One Child in Florida?
If you are a parent of multiple children, one of your estate planning goals may be to ensure they each receive an equal share of your estate or trust. This can be relatively simple when it comes to liquid assets like checking or brokerage accounts–just split things down the middle. When it comes to… Read More »