Category Archives: Estate Planning
The Role of a Personal Representative In Probate Proceedings
When a person passes away, and they leave a will behind, there is a specific process that the state wants their heirs to follow in terms of liquidating the estate. With very rare exceptions, every person passes away with at least some assets to their name – items such as automobiles, land, and smaller… Read More »
Why Do I Need A Probate Attorney?
If you have had a recent death among your loved ones, you may be feeling overwhelmed with not only saying goodbye, but also with all the legal ramifications surrounding the disposal of their property, especially if they did not leave a will or other estate plan. In Florida, the large majority of estates go… Read More »
When A Will Is Challenged
For better or worse, it is not uncommon to have a last will and testament challenged in Florida courts. The criteria for a will to be valid in Florida are straightforward, but strict, and it does happen that a beneficiary will file to challenge the document, whether in good faith or bad. If you… Read More »
Florida Probate Issues And The Homestead
It is not uncommon in this day and age that older people, especially those with significant assets, might divide their time between multiple homes instead of having one main domicile. If this happens in your family, however, it has a good chance at severely complicating the probate proceedings that any estate will have to… Read More »
How To Avoid A Will Contest
When someone passes on, and they leave a will, sometimes the contents may not match up with heirs’ expectations. In some instances, this can lead to heirs attempting to overturn or ‘contest’ the will, alleging that it should be invalid for one reason or another. While these contests do not win very often, sometimes… Read More »
Florida’s Law of Succession
When someone passes away, whether or not they have a will in place, Florida’s law of succession will apply. The state’s probate regulations stipulate that essentially, there is never a time when a person’s property does not have an owner – in other words, when a person dies, their property immediately devolves onto their… Read More »
What Is Summary Administration in Probate?
Sometimes, a loved one may pass on with very few assets, or very few heirs to will their assets to. In these situations, it can be somewhat overly complex to put that family through a long, drawn-out probate process. There is a way, in some specific cases, to potentially bypass parts of Florida’s probate… Read More »
Probate and Holographic Wills
While most people visit an attorney to have a will drawn up, there are some who prefer to execute it themselves. This is referred to as a holographic will. Proponents think it allows a person to exercise more control over their bequests. Regardless, the truth is that many holographic wills are held to be… Read More »
Living Trusts and Florida Probate
In many states, the creation of a living trust is recommended by competent estate planning and probate attorneys so as to avoid the headache of a drawn-out probate court proceeding. However, what many do not realize is that there are some situations in which probate cannot be avoided. Understanding the finer mechanics of Florida… Read More »
Digital Probate: Who Controls What You Leave Behind In The Cloud?
In today’s hyper-connected world, it is well worth considering that not all assets are tangible. We are used to disposing of property like homes and cars in our wills, but very often, digital assets are forgotten. There is actually very little legislation currently on the books dealing with digital assets – Florida does not… Read More »
