Do I have to File A Claim

By: David M. Garten, Esq.

ARTICLE:  DO I HAVE TO FILE A CLAIM?

The purpose of this article is to provide concrete examples of when it is necessary to file a claim

against an estate, and to clarify the “trust” exception to the claims statute.  

I.  "CLAIM" DEFINED:

Sec. 733.702, Fla. Stat. defines a "claim" as a demand against the decedent's estate that arose before

the death of the decedent, even if the claims are unmatured, contingent, or unliquidated.  Therefore,

if the demand or expense was incurred by your client post-death, it may not be necessary to file a

claim.

Is an Attorney allowed to render fees for an Estate?

 By: David M. Garten, Esq.

ARTICLE: Attorney's Fees For Rendering Services To An Estate

Sec. 733.106(3) provides: “Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.” This statute is not restricted to services that bring about an enhancement in value or an increase in the assets of the estate, but also includes services that are successful in effectuating the testamentary intention set forth in the will, that prevent the appointment of a personal representative, or that obtain the removal of a personal representative.

SO YOU WANT TO CONTEST A WILL? A SIMPLE ROADMAP THROUGH THE LITIGATION MAZE

By:  David M. Garten, Esq.

SO YOU WANT TO CONTEST A WILL? A SIMPLE ROADMAP THROUGH THE LITIGATION MAZE

I.   REASONS TO CONTEST A WILL OR TRUST

Your mother, who was suffering from Alzheimer’s disease, leaves all of her money to her male

nurse. Your brother unduly influences your father into changing the title on his brokerage accounts

to joint tenants with right of survivorship with your brother.  Your 90 year old father amended his

Trust one week prior to death and stated that he left you $1 “for reasons best known to my son”. 

What reasons?  What happened between the time you last saw your father and the date he signed

the Trust amendment?