Probate is the court proceeding that takes place to administer the estate of a deceased person. It can happen with or without a will. If there is a will, someone must file that document with the court. The probate process is administrating the estate of the person who...
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Executors owe the estate and its beneficiaries a fiduciary duty
Executors have a good deal of authority as they administer an estate, but that does not mean they have unquestionable authority. The law requires them to always act in the best interests of the estate and its beneficiaries when performing their roles. In other words,...
Probate: When is it necessary?
Residents of Tampa and other areas of Florida may want to learn more about what situations make probate necessary. Laws vary from state to state, but Florida has a streamlined process for estates under $75,000. Estate planning is easier with a knowledge of the...
What can I do when I think a will is wrong?
Probate is the formal legal process where the court recognizes a will. It involves the court naming an individual or institution to administer the estate as directed by the will. This representative or executor must account for all assets and debts of the estate...
The most common causes of probate litigation (and how to avoid them)
When you pass on, the last thing you want is for your children and other relatives to fight over your estate instead of coming together in their time of mourning. Unfortunately, probate litigation is all too common, and it tears families apart. While there’s no way to...
Beware! Service of a Notice of Administration May Require Action
In our probate practice, we commonly have clients come in after having received certain probate papers. Usually, this is because there has been a death of a loved one and someone is trying to open a probate. Often among those papers served there is a document entitled...
Did someone have undue influence over your loved one?
Many people need help in their later years, especially when creating their estate plan. This complex task often leads people to turn to both loved ones and legal counsel for input and guidance. When, though, does assistance become undue influence, and what impact can...
Removal of a Trustee in Florida
In Florida, a Revocable or Living Trust is a commonly used estate planning tool. This type of Trust allows assets held within the Trust to pass without probate. Such a Trust also allows assets to be held in the Trust and distributed to beneficiaries over time. In...
Rights of a Surviving Spouse: Florida’s Elective Share
In Florida, a surviving spouse has certain protections in the event his or her spouse dies and does not leave the surviving spouse an acceptable portion of the deceased spouse’s assets. In simple terms, these protections prevent a surviving spouse from being totally...
The Basics of Objecting to a Creditor Claim in Florida Probate
When a person dies resident in Florida and a probate is opened, one of the first steps taken by the court-appointed Personal Representative is to publish a “Notice to Creditors” in a local newspaper. In addition to publication, the Notice to Creditors is served by...
