Case law is like a treasure trove of legal wisdom, built on the decisions made by judges in previous cases. Lawyers use it as their secret weapon when arguing for their clients in court. In this blog, we’re diving into some key case law rulings that might be super helpful. 1. Blew v. Blew, 358 So.3d…
Continue reading ›Order Admitting Will If the court grants the petition for administration and the petitioner proves the will’s execution satisfactorily, an order admitting the will to probate is entered. This order acknowledges the deceased’s will and mandates the issuance of letters to the personal representative upon taking an oath of office. It also stipulates that filing…
Continue reading ›In Florida intestate probates (intestate means when someone dies without a will), the court must determine the decedent’s heirs according to Florida Statutes (F.S.) 732.101-732.111. Any interested party can petition the court to identify the beneficiaries or their shares, as outlined in F.S. 733.105. Florida Probate Rules (Fla. Prob. R. 5.385) provide the necessary requirements…
Continue reading ›Probate’s main goal is to make sure all the deceased’s debts are paid off in a fair and organized way. The person in charge of the probate is called the personal representative. The personal representative must make every effort to provide actual notice of the probate proceeding to “known or reasonably ascertainable” creditors. This gives creditors a…
Continue reading ›A notice of administration is a formal document that is part of a Florida probate estate. It is prepared by the Personal Representative and lets interested people know their rights when someone dies. The notice of administration must be served promptly in the manner provided for service of formal notice (e.g. Certified Mail return receipt requested)…
Continue reading ›Personal representatives can be involved in various legal cases, especially those related to estates. The legal process involved with contested probate estates is termed “adversary proceedings”. In any legal action involving the estate or the rights of its beneficiaries, the personal representative of the estate is considered an interested party under Florida Statute § 731.201(23). What…
Continue reading ›Occasionally, a Will is lost, and despite everyone’s best efforts, it cannot be found. In such instances, “any interested person may establish the full and precise terms of a lost or destroyed will and present it for probate.” The specific content of the will must be proven by the testimony of two disinterested witnesses. Alternatively,…
Continue reading ›The court ordered division and forced sale of real estate owned by two or more people is known as a partition action. It is started by the filing of a formal Complaint filed in the Circuit Court in the County where the property is located. How are attorney fees handled in partition actions? Florida Statute 64.081…
Continue reading ›In recent years, collectors have started purchasing significantly discounted older credit card debts to initiate collection actions. However, these collection complaints often lack copies of the original credit card applications or other documents signed by the debtor. Additionally, the debts have been repeatedly sold and resold, making the plaintiff the second or third purchaser of…
Continue reading ›In many instances, Homeowners Associations (HOA) are required to mediate certain disputes with their members prior to filing a lawsuit, as outlined in Florida Statute (F.S.) 720.311(2)(a). In mediation, parties engage in formal settlement discussions before an impartial third party, an expert negotiator who aims to facilitate a mutually agreeable resolution. The law specifically states…
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