Which Emails in Estate Litigation are Privileged?

 

Emails between estate attorneys and their client’s family have become one of the biggest discovery issues for litigators.

This video exposes which emails can be privileged, and which ones are not, and the pitfall for lawyers representing multiple family members in an estate. Mr. Baskin advises, “watch your e-mouth in documentation.”

Hamden Baskin speaking at a professional advisors seminar cautions about email communication between a lawyer and client that may be used in estate litigation.

For help or answers to will and estate related questions, you can contact BaskinFleece at 727.572.4545.

It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

Florida Law Provides for Several Alternate Abbreviated Probate Procedures

Summary Administration” is generally available only if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors; for example, homestead real property in many circumstances) is not 7-$75K-blog#7more than $75,000, and if the decedent’s debts are paid, or the creditors do not object. Those who receive the estate assets in a summary administration generally remain liable for claims against the decedent for two years after the date of death. Summary administration is also available if the decedent has been dead for more than two years and there has been no prior administration.

Another alternative to the formal administration process is “Disposition Without Administration. This is available only if probate estate assets consist solely of property classified as exempt from the claims of the decedent’s creditors by applicable law and non-exempt personal property, the value of which does not exceed the total of (1) up to $6,000 in funeral expenses; and (2) the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness, if any.

For help or answers to will and estate related questions, you can contact BaskinFleece at 727.572.4545.

The content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

Problems with Joint Ownership to Avoid Probate

Straight or Gay Marriage and joint ownership regarding probate

Joint tenancies with rights of survivorship can be established when two or more persons title bank accounts and other assets in their multiple names with the intent to have ownership pass directly to the surviving named owners when one dies. A “tenancy by the entireties” is much the same but involves only married persons. These forms of joint ownership can avoid probate of the account or other asset when an owner dies. While this can be very efficient in some cases, use of joint ownership can be fraught with problems at death and cause more problems than it solves.

Probate and same sex marriage Among other unforeseen problems, indiscriminate use of joint ownership can cause an increase in estate taxes over the joint lives of married persons, force double probates in the event of simultaneous deaths, create unfairness as to who pays for funeral expenses and claims against the decedent, raise undesired exposure during life to the debts of co-owners, and cause a shortage of funds for payment of estate taxes which can cause litigation with the taxing authorities.

For help or answers to will and estate related questions, you can contact BaskinFleece at 727.572.4545.

 

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.