Putting together a will is a smart decision. This testamentary document guides the legal processes that follow someone's death. New parents, first-time homeowners and those preparing for retirement all have particularly compelling reasons to create an estate plan. ...
Complex Legal Challenges
Last Will & Testament
What is a will contest?
The beneficiaries of an estate may, in certain situations, suspect that their loved one’s will doesn’t reflect his or her wishes. If this happens, there are ways to contest this document, that is, to challenge the legitimacy of the will in probate court. However,...
Gifting Precious Metals Through Your Estate Plan
When setting up one’s estate plan, consideration should be taken about the different types of assets which are to be devised (i.e. gifted at the time of death by Will or Trust). One category of asset that has become particularly popular and valuable to own is that of...
Can you contest a Florida will on the grounds of fraud?
There are a couple of reasons why a person can contest a will under Florida law, and one of them is fraud. Fraud in a context of a will contest may mean that one or more beneficiaries knowingly used false information, which caused the testator to change the will to...
Disinheriting an heir: 3 potential options
You’ve made the difficult decision that you’re going to have to disinherit one of your heirs. Maybe you and this person are no longer on speaking terms and you’ve had a falling out. Maybe they’re struggling with addictions or money management issues that mean you...
Six Essential Estate Planning Documents You Should Have
In most Florida estate plans, there are six essential documents which you should have in place. These include the following: Last Will and Testament. This document allows you to appoint a Personal Representative to oversee your probate estate and to designate your...
Who may witness the signing of a Will in Florida?
In Florida, in order to be valid and enforceable, a Last Will and Testament must be signed by the person establishing the Will. The execution must be completed in the presence of two attesting witnesses. Sometimes the question arises as to who may serve as a witness...
Does a Will or Trust always control distribution of your assets?
We often have clients ask the question whether a Will or Trust always controls the distribution of their assets. The fact of the matter is that they do not always control. Here are two categories where neither the Will nor a Trust would govern distribution:...
Protecting Your Minor Children Through Estate Planning
Sometimes young adults do not think they need to do estate planning. A common mindset is “I’m in good health and I’m young, so why do I need to do any estate planning?” For those persons with minor children (who are under age 18), this is a very dangerous and...