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Generally, testators are free to choose who they want to assign as beneficiaries in their wills. Family, relatives and other interested individuals cannot challenge the document’s validity solely for the reason that they find it unfair or believe the testator should...
Probate is the standard legal process for settling the estate after its owner passes on. It often involves many subsequent stages and transactions, involving validation of the deceased's will, property appraisal, debt payments, tax-related requirements and...
No child wants to witness their elderly loved one struggle. When making decisions for themselves becomes a challenge, establishing guardianship becomes a consideration. Under this arrangement, an incapacitated person takes on the role of a ward, for whom the court...
Trust litigation is often necessary to settle disputes regarding the creation, administration or distribution of a trust. A grantor or settlor creates a trust to protect their family and estate. They name a trustee to manage the trust and distribute the assets to...
This holiday season, Florida residents are likely to spend time with loved ones near and far. While this is a season to spend quality time with each other, it is also the time of year where it might be suitable to discuss your estate plan and your wishes. Young or...
The person who controls a trust is called the trustee. If you’re choosing a trustee, or if you’re a beneficiary of a trust, one concern is how much that trustee gets paid for managing the assets for the benefit of the beneficiaries. The answer depends on the terms of...
Expecting that you would be together for life, you likely included your former spouse in your estate plan. But with the end of your marriage, it is now necessary for you to cut any emotional and financial ties to your former spouse. Although divorce overrides a will...
When testators have families, they usually include their spouses and children as beneficiaries of their wills. Consequently, a child not being part of the document raises doubts as to the will’s validity. This situation brings up the question of whether it can be a...
Yes. Even those with severe mental health conditions like Alzheimer’s can engage in effective estate planning. The key here is ensuring that the person creating the estate plan has the requisite mental capacity to create legally binding legal documents. This means...
If administering the estate assets of a deceased loved one was easy and affordable, the surviving family would have fewer worries and more time to process their grief. Unfortunately, this is rarely the case with probate, which is typically complex and expensive,...