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...
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Probate Litigation
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...