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Intestacy Rights for Afterborn Children by Kaytlynn Sackos: Court Rules & Practice Materials

This is a research guide for those interested in learning more about Florida's intestacy rights for afterborn children.

Court Rules & Practice Materials

What are Court Rules?

"Rules of court are a set of procedural regulations adopted by courts which must be followed by parties and their lawyers on matters within the court's jurisdiction. These rules are often classified into different categories, such as criminal procedure, civil procedure, evidence rules, and appellate procedure." Legal Information Institute

Things to Do When Preparing for a Trial

As an attorney, when you are preparing to go into trial, there is a vast amount of information and documents that you'll need to have prepared as you step into the courtroom. Not only will you need to know that particular court's rules, but the procedures for bringing your case into court. Coinciding with those rules, you will need to know particularly what documents to file and when and where to file them in order to avoid missing any deadlines so that your case will not be dismissed. Lists for your own preparation will also be useful so that you know a good strategy when you walk in and won't be feeling "on the spot." It's important to know what your court's procedures are and what they will require for your case and how to be as prepared as possible for what lies ahead.

 

Court Rules

Florida Court Rules: Florida Probate Rules, Florida Rules of Civil Procedure, and Florida Rules of Judicial Administration

Rule 9.170. Appeal Proceedings In Probate and Guardianship Cases

Local Rules by District

Florida Bar

Florida Bar Journal: INTESTACY IN THE CONTEXT OF ESTATE PLANNING IN FLORIDA: WHEN TO APPLY THE INTESTACY RULES AND HOW TO AVOID THEM

"Florida intestacy laws address certain basic estate planning issues involving rights of spouses and children and distributional schemes for intestate succession. In most cases, intestacy is not a preferred planning device. In general, it is a default mechanism provided by the legislature that applies to the extent a testator has not mandated his or her intent in a manner enforceable under probate law. In some cases, however, there is no choice but intestacy because of lack of capacity or restriction on the right to devise specific property."

Practice Materials

 Florida Estates Practice Guide - LexisNexis Store

This publication covers all aspects of estate practice in Florida, including will drafting, probate, will contests, trusts, estate administration, estate taxes, accountings, and more.

 

 

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