Recent Blog Posts
Does the Losing Side Pay my Attorney’s Fees?
Broadly speaking, there are two approaches to the payment of the winning, or “prevailing,” party’s attorney’s fees at the conclusion of a civil litigation suit. The “English Rule” In some other countries outside of the U.S., courts recognize and apply the “English Rule” for determining responsibility for attorney’s fees: the losing party will usually… Read More »
Can an Executor Take from the Estate?
There are a lot of different aspects to working an estate through the Florida probate process. One issue that can arise is an Executor of an estate taking money from the estate. But – is it legal to do that? Is this a legitimate action, tied to reasonable fees, perhaps…or is it something more?… Read More »
What is Revocation of Probate?
We have all heard about challenges to a last will and testament, or the validity of a will being in question. “Revocation of probate” refers to the action of vacating a previous court order to admit a last will and testament into probate. This article will review some of the most important items to… Read More »
A Revocable Trust: When You Don’t Know What to Do
Everyone has heard that they should get their estate in order. Everyone recognizes the wisdom in this. Even if they do not fully grasp the specific nuances, most people have a vague understanding the inheritance will come easier if a last will and testament and other estate building tools are employed. However, when push… Read More »
FAQs for Wills and Probate Attorneys
Whatever your past experience with Florida probate and/or estate planning, anyone and everyone can benefit from an initial consultation with a wills and probate attorney. Making the most of an initial consultation requires active participation, and a back and forth conversation so your attorney can better assess your situation and advise on your unique… Read More »
What Is Mortgage Fraud?
Mortgage fraud is a complicated issue that has dramatically affected the United States for several years. This is particularly true for Floridians. Mortgage fraud is recognized at the federal level, the Federal Bureau of Investigation treating it as a subcategory of financial institution fraud. Specifically, mortgage fraud is a financial institution fraud that is:… Read More »
Can a Premarital Agreement Affect Your Probate Estate?
Premarital agreements– aka prenups–are most often associated with a couple divorcing. This may very well be true, but a divorce is not the only thing that a prenup might affect. Prenuptial agreements – and postnuptial agreements – can also be drafted to address what will happen to various assets should either of them die… Read More »
Fighting Creditor Claims in Florida Probate
Have you had a loved one pass away in Florida recently? The passing of a loved one is always a difficult time. Adding to this is the mix of emotion and often overwhelming thoughts of trying to navigate the legal intricacies of the notorious Florida probate process. One significant wrinkle to work through that… Read More »
Business Litigation in Florida: Is it a Trade Secret Violation – or Reverse Engineering?
The Defend Trade Secrets Act and similar state statutes create a civil cause of action for misappropriating another’s trade secrets if the trade secret relates to a product (or service) used in interstate or foreign commerce or intended for use in interstate or foreign commerce. 18 USC § 1836 specifies that, under such circumstances,… Read More »
Resolving Disputes Between Beneficiaries
Picking up the pieces after the death of a loved one can be grueling. The last thing anyone wants to add is an explosive, bitter feud rising between beneficiaries. Unfortunately, disputes between beneficiaries are common. Whether one person feels they did not receive their fair share, or there is a particular asset or sentimental… Read More »