Estate Litigation Archives - RMO Lawyers, LLP | Probate, Trust, Estate Litigation Attorneys
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Estate Litigation

What Are the Inheritance Laws in Florida?

In Florida, inheritance laws 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 …

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How Do You Prove Tortious Interference?

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 Florida. An inheritance can be a significant financial event in your life. If someone improperly interfered to …

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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 …

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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 …

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What Happens When a Beneficiary Is Living In an Inherited House?

Inheriting real estate with other people can be challenging, particularly when one of the beneficiaries is living in the house. This scenario commonly occurs when siblings jointly inherit their parent’s home, which can lead to increased family tensions during an already emotional time. It is always preferable for siblings to work out an arrangement that …

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What To Do If an Executor Is Not Communicating With Beneficiaries?

If an executor is not communicating with beneficiaries, it can lead to trouble. An executor owes the beneficiaries of the estate they are administering a “fiduciary duty.” This means that the executor must exercise reasonable care and act in the best interests of those beneficiaries.  As part of that fiduciary duty, an executor has a …

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How Do I Get My Siblings Out of Our Deceased Parents’ House?

If your adult siblings refuse to leave your deceased parents’ house, there are legal actions you can take. The appropriate course of action for your situation will depend largely on who inherited the home. For instance, if the sibling did not inherit the home, whoever received ownership can pursue an eviction.  However, under Texas law, …

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Does an Executor Have to Show Accountings to Beneficiaries?

In Texas, while an executor of an estate does have to file an inventory, appraisement, and list of claims with the probate court, they are not necessarily required to show accountings to beneficiaries. A personal representative must file an inventory of the estate assets within 90 days of qualification. After that, in a dependent administration, …

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