Recent Blog Posts
When Can a Florida Court Remove the Personal Representative of an Estate?
One of the more common subjects in estate litigation are attempts to remove the personal representative (executor) of a probate estate. In many cases, family members are unhappy with how the personal representative is doing–or not doing–their job. If you are involved in such a dispute, the Tampa estate litigation attorneys at Bleakley Bavol… 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 »
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 »
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 »
Do You Actually Have to Observe “Corporate Formalities” in Florida?
When starting a new business in Florida, you need to understand and follow the legal requirements for your chosen structure. If you fail to observe such “corporate formalities,” you may find that you do not enjoy the legal protections you thought you did. The Tampa business organization and structuring attorneys at Bleakley Bavol Denman… Read More »
Contract Clauses That May No Longer Protect You Under Florida’s Updated Construction Laws
In 2023 and 2024, Florida enacted major changes to its construction defect statutes, dramatically impacting how disputes must be handled. If you’re reviewing standard contract clauses, it’s critical to understand which provisions may no longer offer protection—and what needs to be updated. Reach out to Bleakley Bavol Denman & Grace for a consultation today…. Read More »
Fiduciary Duties in Business and Estate Matters: How to Spot—and Prevent—Breach Claims
Whether you’re managing a business, administering a trust, or serving as a personal representative in a Florida estate, you may hold a fiduciary duty—a legal responsibility to act in the best interest of another party. Our Tampa Business and Estate Litigation Attorneys are here to help you. When fiduciary duties are breached, the legal… Read More »
Trustees, Executors, and AI: How Technology Is Changing Fiduciary Administration
Technology is reshaping almost every aspect of our lives, and fiduciary administration is no exception. Trustees and executors in Florida are increasingly turning to artificial intelligence (AI) and other digital tools to streamline tasks, reduce errors, and improve transparency. But as with any innovation, the use of AI in fiduciary roles raises important questions… Read More »