When a person dies resident in Florida, there are four basic categories into which each of their assets or properties fall. Experienced estate and probate attorneys know that where an asset falls among these categories will determine what action must be taken to...
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Month: October 2016
In Florida, is the original Will needed for Probate?
As estate attorneys, we often encounter a situation where a person is deceased and the original of their Last Will and Testament cannot be found. Often, the family suspects that the original has been lost or misplaced--not that it was intentionally destroyed by the...
Resolving Creditor Claims in Florida Probate
When a Florida resident dies and owes creditors (such a credit card balances or medical bills), Florida probate procedures establish a mechanism to resolve those creditor claims. The process starts by having the Personal Representative of the estate sign a document...
In a Florida Probate, What is a Caveat?
A "caveat" is a notice which can be filed with a Florida probate court which gives notice that certain actions may not be taken without informing the person who gave the notice. Florida law provides that any interested person who is apprehensive that an estate,...
What is Probate Litigation?
In Florida, probate is a court proceeding which administers a deceased person's estate. It may be done either testate--with a Will--or intestate--without a Will. The probate process is usually referred to as "administration" of the estate. However, in addition...
Proving Undue Influence in Florida Will Contests
A "Will contest" is an action to challenge the valuidity of a Last Will and Testament. In Florida, perhaps the most common basis for challenging a Will is grounded on allegations of "undue Influence." Undue influence, such as would void a Will, has been defined to...
