Vazpuez v. Bvrski, 32 Fla. L. Weekly D2415 (Fla. 2d DCA October 10, 2007) Prior to his death, a decedent entered a contract to sell real property. The decedent died prior to closing on the contract. The purchaser filed a Petition for Administration in which he expressly alleged the obligation…
I am currently in Shanghai China for the next 5 days and then heading to Osaka and Tokyo for 3 nights each. I am planning to keep posting new issues to my blog while I am gone. In addition, I will be responding to emails and will be available over…
Fernandez-Fox v. Estate of David P. Lindsay, 33 Fla. L. Weekly D259 (5th DCA January 18, 2008) Fox and the Decedent had owned real property they had intended to have titled joint with rights of survivorship. Because of an error, the title was not correctly designated in the public records…
The Florida Bar has created a Florida Probate Pamphlet to help individuals understand Florida Probate. It discusses the following information 1. WHAT IS PROBATE? 2. WHAT ARE PROBATE ASSETS? 3. WHY IS PROBATE NECESSARY? 4. WHAT IS A WILL? 5. WHAT HAPPENS TO PROBATE ASSETS IF THERE IS NO WILL?…
Bryan v.Dethlefs, 959 So. 2d 314 (FIa. 3d DCA May 16, 2007) The decedent’s trust stated, “Upon my death, the then balance of principal and accumulated income remaining in the trust fund shall be distributed to my grandson, Robert R. Bizzell, if he is living at the time of distribution.”…
1. Anscher v. Lebenthal & Co., 963 So.2d 921 (Fla. 3rd DCA August 29, 2007) Spouse vs. Estate of spouse, co-trustee, & brokerage company The decedent’s surviving spouse bought an action in probate court against the decedent’s estate, the co-trustees of his trust, and his brokerage for failure to transfer…
How can you tell if a Will has been altered? Most of the time you cannot tell by simply looking at the document. Often these documents are “tampered with” behind the scenes: friends, relatives, heirs or neighbors pressure, threaten or trick someone into changing, modifying or preparing a new Last…
Rules regarding wills are usually based upon where the will was created. The general rule is that when a Will is valid at the time of creation, Florida will honor the will. There is an exception to this and it regards certain handwritten or holographic wills. a Holigraphic Will is…
Although a Power of Attorney often authorizes the agent to give gifts, agents should be careful when making gifts to themselves. The Chicago Tribune has an article on an agent who gave herself $180,000 in gifts and the ensuing court battle over theft by deception, financial exploitation of an elderly…
If you need information on someone who died in south Florida in the last 100 years, you may be in luck. A south Florida resident, Ann McFadden, has compiled a 4,000-page record of all most every death listed in a local newspaper for more than the last 100 years. Now…