Complex Legal Challenges
Individuals seeking to exert undue influence over Florida elders are the most common reason that last wills and testaments are challenged. The law states that any part of a will that is unduly influenced by a person other than the decedent becomes invalid. Undue...
Under Florida probate practice, the person appointed by the probate court to oversee the estate is known as the “Personal Representative.” Many people refer to this as an “Executor” and although they are essentially the same, the correct term in Florida is Personal...
Many people don’t know much about the probate process until they have to help settle a loved one’s estate. The first thing many personal representatives (also known as estate executors) learn is exactly what probate is: transferring ownership of someone’s assets to...
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...
While the probate process in Florida often goes smoothly, certain situations can cause delays. Not having an estate plan or having an unclear estate plan can cause conflict between family members. Even if the person has prepared a will, it could be contested. In some...
In estate planning, there are two main categories of Trusts. The first is known as a “Testamentary Trust.” This is a Trust established through a person’s Last Will and Testament. In other words, there is no separate “Trust document.” The Testamentary Trust us usually...
In our estate planning practice, we often have clients who are concerned about how their beneficiaries will use the assets which they will inherit. Sometimes the concern arises out of some personal problem of the beneficiary such as substance abuse; they don’t want...
When a person dies resident in Florida, is there a statute of limitations limiting when a creditor can no longer enforce a debt or claim against the decedent or the decedent’s estate? The answer is in the affirmative. Section 733.710, Fla. Stat. provides that “…2...
When a person dies domiciled in Florida, in order to administer his or her estate, a probate often must be opened. The question arises, who can petition to open a probate of the decedent’s estate? Certainly, a spouse or beneficiary could do so. But what about a...
When you start writing your will in Florida, you might want to leave certain family members out of the document. Unfortunately, disinheriting them might encourage them to contest the will after you're gone, even if you include a no-contest clause. Here's how you can...