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 […]
Is Breach of Fiduciary Duty a Crime in Florida?
A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to comply with the duties created by the nature of their relationship with another person. A fiduciary relationship exists whenever one person places confidence and trust in and is at some level […]
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 Muniment of Title in Texas?
In general, a “muniment of title” refers to deeds and other written documents that prove title to property, such as wills and court judgments. Texas is the only state in the country that allows a will to be probated as a muniment of title. This allows smaller estates with limited debts and assets to avoid […]
What Is Homestead Protection in Probate Law?
Under Florida law, when a loved one passes away, their primary place of residence (provided that it meets the necessary criteria to enjoy homestead protection) is a non-probate asset. This means that, once the probate court determines a property to be a protected homestead, the property will pass outside of the probate process and will […]