The term “partition” means dividing up something that’s shared between people. It applies to things like joint tenancies and tenancies in common. If you own land with someone else, and you both want to split it up, you can ask a court to help you do that. The goal of a partition action is to make…
Continue reading ›According to Florida’s construction lien law, a contractor is obligated to provide a homeowner with a final contractor’s affidavit. The consequence of failure to provide the affidavit is severe. Simply, a contractor cannot assert a lien or initiate legal action against the owner under the contract if they fail to provide the final payment affidavit. Moreover, failure…
Continue reading ›The overwhelming percentage of real estate partition actions occur between natural people who jointly own property, but partitions are not limited to solely this class of people. Florida law allows partition actions in a variety of circumstances, including between trustees and beneficiaries, partnerships and corporations. Partition Actions Involving Trustees and Beneficiaries Unless otherwise provided in the…
Continue reading ›In Florida, the family home is protected by the state constitution and homesteaded property of a deceased family member is automatically inherited by the family at the time death, regardless of whether the loved one had a will or not. Just like it would have been during their lifetime, the home is shielded from claims…
Continue reading ›What is partition? Partition is a court ordered process for determining the interests of co-owners of real property. If the property cannot be divided, it is sold, and the proceeds are shared among the owners. Any one or more joint tenants, tenants in common, or coparceners can file a complaint for partition against their cotenants,…
Continue reading ›A caveat is a document that can be filed with the court by any interested party, such as a creditor of the deceased, who is concerned that a probate estate will be opened and administered or that a will may be admitted to probate without their knowledge. This document serves as a notice to the…
Continue reading ›When someone wants to start a probate estate, they must file a petition for administration. It is most often filed by the person seeking to be appointment as the personal representative. Who can file a Petition for Administration? The petition for administration may be filed by any “interested person”, per F.S. 733.202. The petition must…
Continue reading ›Case law is like a treasure trove of legal wisdom, built on the decisions made by judges in previous cases. Lawyers use it as their secret weapon when arguing for their clients in court. In this blog, we’re diving into some key case law rulings that might be super helpful. 1. Blew v. Blew, 358 So.3d…
Continue reading ›Order Admitting Will If the court grants the petition for administration and the petitioner proves the will’s execution satisfactorily, an order admitting the will to probate is entered. This order acknowledges the deceased’s will and mandates the issuance of letters to the personal representative upon taking an oath of office. It also stipulates that filing…
Continue reading ›In Florida intestate probates (intestate means when someone dies without a will), the court must determine the decedent’s heirs according to Florida Statutes (F.S.) 732.101-732.111. Any interested party can petition the court to identify the beneficiaries or their shares, as outlined in F.S. 733.105. Florida Probate Rules (Fla. Prob. R. 5.385) provide the necessary requirements…
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