Recent Blog Posts
Can I Ask for a Jury Trial in a Florida Trust or Estate Dispute?
While most trust and estate disputes in Florida are resolved outside of a formal judicial proceeding, there are cases that end up going to trial. The Tampa estate litigation attorneys Bleakley Bavol Denman & Grace can advise and represent you in these contested matters and answer any questions you have about the process. For… 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 »
How To Respond When a Mechanic’s Lien is Filed Against Your Property
Finding out that someone has filed a mechanic’s lien against your property can be pretty stressful. A lien can cloud your title, slow down refinancing or selling, and financially strain you. The good news is that Florida law gives property owners several tools to challenge, remove, or resolve a mechanic’s lien. Below is a… Read More »
Understanding Tortious Interference Claims in Florida
Business relationships are vital to a company’s long-term success. Whether these connections involve consumers, referrals, or even patients, any outside interference can disrupt operations and lead to significant financial damage. Florida law recognizes this risk and allows businesses to pursue claims when another party intentionally and unjustifiably interferes with those relationships. Our Tampa commercial… Read More »
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 »