Category Archives: Probate
Florida Probate Litigation: Understanding Jurisdiction and Pleading Requirements
Probate disputes can get tricky when family members or beneficiaries allege misconduct in the administration of an estate. A recent case in the Southern District of Florida highlights the importance of establishing proper jurisdiction and pleading requirements when accusing someone of misconduct in estate management. Our Tampa probate litigation attorney at Bleakley Bavol Denman… Read More »
Establishing a Lost Will in a Florida Probate Proceeding
Handling an estate can be complicated, especially when the decedent’s original will has been lost or misplaced. In Florida, the law allows interested parties to probate lost or destroyed wills, but there are strict procedural and evidentiary requirements that must be followed. Whether you are attempting to admit a copy of a lost will… Read More »
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 »
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 »
What Happens If a Beneficiary Can’t Be Found in a Florida Probate Case?
When someone passes away in Florida and their estate enters probate, one of the personal representative’s first responsibilities is to identify and notify all beneficiaries named in the will—or heirs if there is no will. But what happens if a beneficiary can’t be located? Missing beneficiaries present a unique legal challenge in Florida probate… Read More »