Floridians who make wills generally assume that the will prevents after-death conflict among potential heirs. Unhappily, this expectation can easily fail if the decedent did not execute the will as a “free act and deed.” Heirs or other potential beneficiaries often...
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Year: 2023
What if my spouse died and never updated their will?
Losing a loved one is never easy. It is especially not easy when it is someone you share a home and life with every day. But, what happens if your spouse never updated their will to include you after you got married? Are you able to inherit any of the estate? Elective...
What are good qualities for the executor of a will?
It is not something people in Miami love to do, but estate planning is important. People cannot bring their property with them when they pass away and once they are gone, the only control they have over it is based on what was written in their wills. It is important...
How do Florida probate disputes usually arise?
When a loved one passes, it is never an easy time. But, when disputes arise, it makes that time even worse because fights between loved ones ensue in probate court. Florida probate disputes are common and can arise for assorted reasons. Common reasons for probate...
Estate litigation: What is undue influence?
If you have a loved one who passed away and left a will or trust that seems suspicious or unfair, you may wonder if they were coerced or manipulated by someone else to change their estate plan. Perhaps a caretaker, aide or family member became a beneficiary, and other...
Contesting a will in Florida
Wills are believed to help avoid intrafamily disputes by resolving conflicts among heirs and potential beneficiaries. While this effect occurs in the majority of cases, sometimes the specific bequests in a will stir up controversy by making smaller bequests than the...
Disputes arise when the terms of wills and trusts conflict
It is not unusual for a person in Miami to include both a will and a revocable trust in their estate plan. But life changes, and sometimes, a person adds a codicil to their will or changes the terms of the revocable trust. Soon, the current will and the revocable...
The basics of establishing guardianship in Florida
When you set up an adult guardianship, you establish a legal relationship between the guardian and the ward. The ward is the person who has been declared by the court to be legally incapacitated and has lost some of their rights. In many cases, guardianship is the...
Incapacity planning is important too
It may come as a shock to many, but most of us have not done our estate plan. In fact, according to a Caring.com survey, only about one-third of us have even done a will, but an even smaller percentage than that have an incapacity plan. However, if you are going to go...
How does a guardianship affect a health care advance directive?
In Florida, adults who have a sudden mental or physical disability that results in them needing to have a guardianship might have documents in place that were put in effect prior to the illness, injury or condition. Since a guardianship makes that person a ward to the...