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  • Adrian P. Thomas, LL.M., J.D.
  • Michele M. Thomas, Esq.
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• Probate
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• Blog
  • 2024
    • December
      • Convenience Account or Joint Account for Convenience.
      • Top Mistakes Executors Make During Probate Administration
      • Can Non-U.S. Citizens Inherit Property? Understanding Probate Rules
      • What Are Probate Bonds? When They Are Required and Why
      • How to Avoid Probate: Strategies for Smooth Estate Planning
    • September
      • Jury Finds Son Used "Undue Influence" Over Father and Awards $2.679 Million to Father's Other Children
    • May
      • What You Need to Know About the Probate Process
    • April
      • Florida Homestead Standing
      • How can you amend a probate order?
    • February
      • Which Assets Go Through Probate?
  • 2023
    • December
      • Do I Need a Power of Attorney?
    • November
      • Estate & Probate for Digital Assets
    • October
      • What is the Difference Between an Irrevocable and Revocable Trust?
    • September
      • How Are Estate Taxes Handled in Florida Probate?
      • Are There Any Alternatives to Probate?
      • How long Does the Probate Process Take?
    • August
      • How Long Does the Probate Process Typically Take?
      • Are There Tax Implications When Terminating a Trust?
      • Which Assets Go Through Probate?
    • July
      • How to Choose the Right Executor for Your Estate: Tips and Considerations
    • June
      • What Happens to Your Business During Probate? A Guide for Business Owners
    • May
      • What Is the Cost of Florida Probate?
    • March
      • What Happens If I Die Without a Will?
      • An Overview of the Probate Process in Florida
    • February
      • Demanding Accounting on a Trust
    • January
      • What Happens to Unpaid Bills in Probate?
  • 2022
    • December
      • Are IRA and Life Insurance Part of Probate?
    • November
      • Are Probate Records Public?
    • October
      • Understanding the Florida Wrongful Death Act
    • September
      • If There's No Will, Who's The Executor?
    • August
      • Proving Lack of Mental Capacity
    • June
      • Florida Trust Terminations: What You Need to Know
    • May
      • What You Need To Know About Undue Influence
    • April
      • Reformation of a Will in Florida
    • March
      • Why You Need a Power of Attorney
      • What Does a Probate Lawyer Do?
    • January
      • The Most Frequently Asked Questions About Probate
  • 2021
    • December
      • Understanding Your Duties as a Trustee
    • November
      • What it Takes to Contest a Will
    • October
      • Who is Responsible for Managing the Probate Process?
    • September
      • How Power of Attorney Can be Abused
    • August
      • Understanding Probate Litigation
    • July
      • When Trusts Can Be Contested
    • May
      • How to Spot the Signs of Elderly Abuse
    • April
      • Probate 101
    • March
      • What Constitutes a Breach of Fiduciary Duty?
  • 2020
    • October
      • Undue Influence Factors
      • Best Florida Probate Lawyer
    • August
      • Third District Court of Appeal
    • June
      • Homestead Creditor Protection
  • 2019
    • August
      • Waiver of Elective Share
      • Florida Probate Deadlines
      • Disinherited Children Have Standing to Sue for Breach of Trust
      • Creditor Claim Deadlines in Florida Probate
      • Contesting a Will in Florida
    • May
      • Spousal Election to Take One-Half Interest in Decedent’s Homestead Property
    • March
      • Lawyer-Client Privilege Does Not Apply to Estate Planning Attorney’s Files in challenge to a Decedent’s Estate Planning Document
      • Florida Will Execution: Strict Compliance with Statute Required
    • February
      • Death, Probate and Due Process
    • January
      • Restricted Depository: “for Cause” Only
      • ?When Is a Charity a Qualified Beneficiary Under the Florida Trust Code?
  • 2018
    • December
      • Probate: Enforcement of Prenuptial Agreement
    • September
      • Will Devising Property to Fiancee Survives Subsequent Marriage and Divorce
      • Florida Trust Modification: Trustee Has Standing to Reform and Modify Trust Language
      • Florida Joint Tenancy With Right of Survivorship (Jtwros) Bank Account
      • Florida Probate and Child Support: Will Change to Avoid Child Support Obligations of Beneficiary
      • Bank Accounts: Ownership Intent Trumps Legal Form of Ownership
      • Florida Probate Nonclaim Statute Does Not Apply to Beneficiaries
    • February
      • Discovery of Trust Documents
    • January
      • Delayed Discovery Doctrine Applies to Undue Influence Claims
      • Premature Discharge of Personal Representative
  • 2017
    • January
      • Ownership of Safe Deposit Box Contents
      • Due Process, Death and Taxes
  • 2016
    • December
      • Trust Revocation: No Magic Art is Necessary
      • Probate and Due Process in Florida
      • Trustee’s Duty to Inform and Account
    • November
      • Attorney-Client Privilege in Probate Litigation
    • June
      • Corya and Woodward
      • Can I Fire My Trustee
    • May
      • Convicted Felons Cannot Serve as Personal Representative
      • Decidedly Inconvenient: Joint Accounts and POD Accounts
    • January
      • Retroactive Due Process in Probate
      • Will Substitutes in Florida
  • 2015
    • December
      • Pay-on-Death Accounts Can Be Invalidated for Undue Influence
      • Curator vs. Personal Representative
    • November
      • Florida Probate Creditor Claims
    • October
      • Who Has Standing to Assert Claim for Tortious Interference With an Expectancy?
      • Mediation and Settlement Agreements
      • DeWitt and the Importance of Adequate Probate Remedies
      • Reasonably Ascertainable Creditors
    • August
      • Qualified Renunciation Part 2
      • Change in Statutory Duty of Un-Qualified Personal Representatives
    • July
      • Best Legal Blog
    • May
      • Can a Contract Defeat Testamentary Intent?
      • Florida Court Determines Wife Unduly Influenced Husband
    • April
      • But You Agreed to Make Me the Beneficiary!
      • Probate Creditor Claims in Florida
    • March
      • Florida Laws Against Exploitation of the Elderly
      • Mental Inequality and Undue Influence
    • February
      • Proving Undue Influence
      • Time Share Scam
  • 2014
    • December
      • Trust Modification under Florida’s Trust Code
    • September
      • Undue Influence under Florida’s Trust Code
    • August
      • Florida Trust Termination Laws
    • July
      • Spousal Inheritance after Divorce
      • Elective Share for the Surviving Spouse
      • Qualified Renunciation
    • June
      • Florida No Contest Clause
      • Proving Testator’s Mental Capacity
      • Successor Personal Representative May Sue Attorney for Estate
      • Oral Agreement to Divide Inheritance
    • April
      • Pretermitted Child: Paternity vs. Adoption
    • March
      • Probate and Prenuptial Agreements
    • February
      • How Long Does a Beneficiary Have to Challenge the Actions (or Inaction) of a Trustee?
    • January
      • Power of Appointment
  • 2013
    • December
      • Will Disputes and Mediated Settlement Agreements
    • November
      • Priority in Florida Probate Proceedings
    • October
      • Disposition of Property by Handwritten Will
      • Comparing Florida and Ohio Will Contests
      • Do I have a will contest case?
      • Undue Influence and the Burden of Proof
      • Grounds for Removal of Personal Representative
    • September
      • Termination or Suspension of Durable Powers of Attorney
      • Last Will Mistake
      • Renunciation Rule
    • August
      • Standing in a Will Contest
      • Can Trust Assets Be Frozen During Litigation?
    • July
      • Freezing Assets: Putting a Stop to Ongoing Injury
      • Grounds for Florida Will Contest
    • June
      • Florida Trust Lawyer
      • What Is a Spendthrift Trust?
      • Judicial Modification of Trusts
    • May
      • Lost or Destroyed Will
    • April
      • Inheritance Dispute Lawyers
      • What Are the Fiduciary Duties of a Trustee?
    • February
      • Attorney’s Fees and Costs in Breach of Fiduciary Duty Matters
      • Simultaneous Death Law
      • How Do I Contest a Will?
    • January
      • Fort Lauderdale Probate Litigation Lawyer
  • 2012
    • December
      • Trust Accountings and Litigation
    • November
      • Qualifications and Compensation of Persons Given Power of Attorney in Florida
      • Homestead Real Property and a Surviving Spouse’s Election
    • October
      • Florida Homestead Law: Condos and Co-ops
      • Can I Do Whatever I Want With a Power of Attorney?
      • Does a Personal Representative Need to Hire an Attorney?
    • September
      • Pretermitted Share vs. Elective Share
      • Capacity to Create a Trust in Florida
      • Homestead Property and Joint Ownership
      • Inheritance Rights of Former Spouse
    • August
      • Broward County Trust Litigation
    • July
      • Aronson v. Aronson
      • When Does Trust Litigation Occur?
      • Possession of Homestead by Personal Representative
    • June
      • Probate Caveat
      • Exploitation of the Elderly: The Gold Digger
      • Conflicts Between Personal Representative & Beneficiaries
      • Breach of Fiduciary Duty Statute of Limitations
      • How Many Witnesses Are Required for a Trust in Florida?
      • Florida Probate Creditor Claim
    • May
      • Creditor Claims Florida Probate
      • Florida Will and Trust Dispute Lawyer
      • Florida Will & Trust Dispute Lawyers
      • Florida Will Dispute Lawyer
      • Breach of Fiduciary Duty and Surcharge Action
      • FL Trust Dispute Lawyer
      • Florida Will Reformation
      • How do I contest a Will in Florida?
      • Florida Inheritance Dispute Lawyer
    • April
      • Fort Lauderdale Will and Trust Disputes
      • Florida Probate Litigation Lawyers
      • Creditor Claims in Florida Probate
      • Tampa Probate Lawyer
      • Florida Constructive Trust
    • March
      • Writ of Prohibition Probate
      • Virtual Adoption and Probate
      • Lessons Learned From Celebrities’ Probate Problems
      • Attorney’s Fees in Partition Actions
      • Breach of Fiduciary Duty
      • Preservation of Assets During a Will Contest
      • Debt Forgiveness and Creditor Claims
      • Rights of the Surviving Spouse
      • Probate Documents
      • Litigating the Case in Probate Court
    • February
      • How to Remove a Trustee in Florida
      • Florida Marchman Act
      • Estate Law Florida
      • Fiduciary Duty: Trustee vs. Personal Representative
    • January
      • Gainesville Wrongful Death Crash Lawyer
      • Jury Trials in Probate
      • Breach of Trust
      • Notice of Administration in Florida
      • Florida Trustee: Duty of Impartiality
      • Trust Termination in Florida
  • 2011
    • December
      • Florida Trust Decanting
      • German Wills in Florida
      • What Is the Best Way to Find a Good Probate Lawyer?
    • November
      • Personal Representatives Gone Wild
      • Trust Busting 101
      • Revocation of Trust
    • October
      • Marriage & Florida Homestead Law
      • Florida Trust Litigation
    • September
      • Florida Elder Abuse Attorney
      • Florida Power of Attorney: Limitations & Changes
      • Florida Inheritance Disputes
      • The Trustee’s Duty to Inform
      • Florida Intestate Estates: Spousal Shares
    • August
      • Abuse of the Elderly
      • Florida Power of Attorney: Limitations & Powers
      • Florida Probate Litigation: Stealing from an Estate
    • July
      • Wills and Probate: Selecting a Good Probate Lawyer
      • Reformation of Florida Trusts
      • Probate Litigation: Absence of an Original Will
      • Will Contest Lawyer
      • What Does Probate Litigation Involve?
      • Creditors and Solvency in the Probate Process
    • June
      • Trustee Removal Action
      • Florida Homestead Law
    • May
      • Can a Personal Representative Be Removed?
      • Adoption and Inheritance
    • April
      • Abuse of Power of Attorney
      • Florida Wrongful Death and Probate
    • March
      • Best Florida Probate Attorney
      • What is Probate Litigation?
      • Determining Undue Influence Florida
      • Deathbed Marriages
      • Trustee’s Fee
      • Lack of Capacity – Will Contest Florida
      • Florida Undue Influence Claim
      • Florida Will Contest
      • Florida Probate
      • Probate Litigation: Conversion or Civil Theft?
      • Gold Diggers Beware!
    • February
      • Florida Estate Tax
      • Florida Medicaid 2011
      • Understanding the New Estate Tax Laws and Its Effects
      • Am I a Beneficiary?
    • January
      • Lineal Descendants?
      • Do I Have a Probate Litigation Case?
      • Florida Slayer Statute
      • Partition Actions in Florida
  • 2010
    • December
      • Illegitimate Child is Still a Legitimate Heir
      • What Are Probate Assets?
      • How Much Does It Cost for Probate?
      • Battle of Wills
    • November
      • Show Me the Money!
      • Desperate Times…
      • Are You My Lawyer?
      • Florida Elective Estate
      • An Injunction by Any Other Name…
    • October
      • Florida Inheritance Lawyer
      • Palm Beach County Probate Attorney
      • Florida Trustee’s Duty to Remainderman Beneficiary
      • When Good Trustees Go Bad
    • September
      • Doctrine of Dependent Relative Revocation
      • Absolute Discretion?
      • Breach of Trust Issues
    • August
      • Per Stirpes vs. per Capita
      • Convenience Account or Inter Vivos Gift?
      • Can Step Children Inherit Property in Florida?
    • July
      • Elective Share Contribution Obstacles
      • Notice to Creditors
    • June
      • Trustee Compensation
      • Trust Reformation: A Case Study
      • More than a Merely Perfunctory Matter
      • Having a Missing Person Declared Dead
      • Florida Trusts and Real Property
      • Florida Inheritance Law: Stepchildren & Out of Wedlock Children
    • May
      • Florida Wrongful Death
      • Disposition of the Body
      • Power of Attorney
      • Leader of the Class
      • Criminal Prosecution for Exploitation of the Elderly
    • April
      • Proper Will Preparation and Execution
      • Being of unsound mind…
    • March
      • Florida Inheritance Law FAQs
      • Estate of Carpenter: Undue Influence
      • Elderly Exploitation vs Civil Theft
    • February
      • Substituted Parties
    • January
      • Appellate Standards of Review
      • Pretermitted Children: Evidence Must Be Compelling to Disinherit
      • Probate Appeals
  • 2009
    • December
      • Tick Tock
      • The Golden Rule: he who has the gold, makes the rules.
      • Appealing Probate Court Orders
    • November
      • What’s the hold up?
      • Eviction of a Son from Deceased Mother's Property
      • Exploitation of the Elderly
      • The Duties of Remaindermen
    • October
      • Bad Heir Day
      • Legal Comity
      • The Scope of Legal Liability
      • Pre-Marital Agreements and Joint Property
    • September
      • Descendants by Blood
      • Virtual Adoption versus Will Contest
    • August
      • Playing by the Rules
      • Elder Abuse is a Family Issue
      • Death and Taxes
      • Florida Wrongful Death Act
      • Rules of Affection
      • Bad Faith and Attorney’s Fees
    • July
      • Interference With an Expectancy in Federal Court?
      • Lien on Real Estate
      • Is the Probate Case Ready for Appeal?
      • Revisions to Florida Probate Code
      • Psychological Aspects of Undue Influence
      • Florida Adopts Portions of Revised Anatomical Gift Act
      • Alienation of Homestead Status. When is Homestead abandoned?
    • June
      • Can a Trustee Seek Trust Reformation?
      • Personal Representative’s and Attorney’s Fees in Probate
      • What Constitutes a Contest In No Contest Provision?
      • A Curator’s Concern
      • The Probate Exception to Federal Court Jurisdiction
      • Inequitable Conduct Doctrine
      • Power of Attorney: Sword and Sheild?
    • May
      • Revocable Trusts and Undue Influence
      • Reopening a Closed Estate
      • Standing in Probate
      • Stock Splits and Changes in Securities in Probate
      • Probate Property in Foreclosure?
      • I need a lawyer to help me in a probate case.
    • April
      • Divorce Does Not Dissolve Beneficial Interest in Trust
      • What Happens When Mistakes are Made in a Will?
      • What Happens When a Person Dies and the Will Cannot Be Found?
      • Substance over Form: What is necessary for a valid transfer of property into a trust?
      • Can a child be unintentionally excluded from a parent’s revocable trust?
      • How to Overcome the “Negative Will”
      • Latent vs. Patent Ambiguities in Last Will and Testament Construction Cases
      • Does a Co-Owner of Jointly-Held Property Get the Mortgage Paid if the Will Requires Payment of Debts?
    • March
      • Intestacy and Same Sex Couples: Probate Needs Progressive Help From Legislatures
      • Power of Attorney – What Happens When the Holder Says No?
      • How Far May the Witness Wander?
      • Hey! Where’s My Gift?
      • What Happens to Frozen Sperm After the Donor’s Death?
      • Breach of Fiduciary Claim: A Case Study
      • Will and Probate Help
      • Presumption of Death
    • February
      • Trust Revocation
      • Redactions Upheld
      • Preferential Treatment
      • Ambiguity and Extrinsic Evidence in Will Construction
      • Indispensible Parties in Trust Lawsuits
      • Survivorship Accounts
    • January
      • What is a Prenuptial Agreement?
      • De Facto Trustee Doctrine Recognized
      • Trust Modification
      • Pretermitted Children
      • Same Sex Couples and Probate
      • Paternity: Can a Decedent’s Body Be Exhumed for Genetic Testing?
      • No Contest Clauses
      • Mediations and Settlement Agreements
  • 2008
    • December
      • Trust Litigation and Forum Non Conveniens
      • Adopted Adults: Court Applies Statute Preventing Adopted Adults From Receiving Inheritance.
      • Assessing Testamentary Capacity
      • Florida Trust and Estate Law Updates
      • Time to Draft New Rule for Probate Appellate Procedure?
    • November
      • Florida’s Slayer Statute
      • Prenuptial Agreements and Probate
      • Exempt Property & The Pretermitted Spouse
      • Testamentary Capacity: Do We Need Legal Reform?
      • What is a Resulting Trust?
      • Settlement Agreements and Mediation in Probate
    • October
      • Florida Intestacy
      • Attorney’s Fees: Ask and You Shall Receive
      • Estate of Carpenter
      • Florida Intestacy and Illegitimate Children
      • Trust Language and Settlor’s Intent
      • What Are Probate Records and Where Are They Kept?
      • What is a Probate Estate?
      • Undue Influence: Lawyers Who Name Themselves or Family Members as Beneficiaries of Wills
      • Amazing Grace: Religion and Undue Influence
      • Revocation of Will
      • What is Probate Law?
      • Do I Have a Case? The Presumption of Undue Influence?
      • Missing Last Will & Testament: Lost or Revoked?
      • Probate Attorney’s Fee Petitions
      • Do I Have a Case? What Evidence Points to the Conclusion of Undue Influence?
      • Stipulation of Last Will & Testament and Appointment of Personal Representative
      • What Evidence Points to the Conclusion of Undue Influence?
      • Florida Will Contest: Can a Will Be Challenged Based on Decedent’s Alcohol and Drug Abuse?
    • September
      • Evidence for Undue Influence in Florida
      • Will Contest Florida: Evidence of Dementia?
      • Undue Influence and Trust Revocation
      • Florida Uniform Trust Code
      • Will Execution Florida
      • Contingent Beneficial Interest in Express Trust
      • Florida Inheritance: Rights of Child Born as Result of IVF After Death of Parent
      • Florida Probate, Paternity and DNA
      • Parents Inheriting from Children in Intestate Probate Estate
      • Trustee’s Duties
      • Undue Influence: Summary Judgments Are Rare in Cases of Undue Influence
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