What Are the Inheritance Laws in Florida?
Inheritance laws in Florida are based on whether there was a valid, enforceable last will and testament for the person who passed. If they had executed and signed a will, their remaining assets would typically be distributed according to the wishes outlined in the document. However, if someone passes away without a will, their assets […]
Understanding Tortious Interference & How To Prove It
Executive Summary Introduction Tortious interference is when a third party to a contract intentionally acts to harm the financial potential of the relationship. While it is usually associated with business contracts, wills and trusts can be subject to tortious interference in some states, like California. An inheritance can be a significant financial event in your […]
What Is Probate Code Section 733.814?
Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between beneficiaries. It reads as follows: “When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before […]
What Is a Residuary or Residual Trust?
The term “residuary” refers to the “residue” of an estate or trust, which is all of the property that remains after the specific gifts detailed in the will or trust are distributed. An asset, such as personal property or real estate, is considered to be part of the residue of an estate or trust if […]
The Guide to Ancillary Probate Administration
Executive Summary Introduction Under California law, when someone who owns assets in California passes away while residing in another state or country, the California property cannot be distributed through an out-of-state probate proceeding. Instead, a process called an ancillary probate administration is required to pass ownership of the California assets to the deceased’s heirs or […]
What Is a Probate Adversary Proceeding?
Under the Florida Probate Rules, some disputes that arise during the administration of an estate are considered adversary proceedings. Probate adversary proceedings differ from a standard formal probate administration. They concern conflicts or contested matters that are related to the formal administration of the estate, but are technically outside of the scope of the administration […]