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The process of declaring incapacity begins with filing a notice of petition to determine incapacity. In Florida, the court will appoint an examining committee to determine whether the person in question is actually incapacitated. The three examining committee members...
When creating a trust, the grantor must carefully choose a person capable of handling and maintaining the trust assets as their trustee. Trustees carry essential duties to ensure protection over the trust assets and uphold the beneficiaries’ rights. But what if it...
Undue influence occurs when someone manipulates a vulnerable or weakened individual to change their will for their own benefit. If you suspect that your loved one may be a victim of undue influence, it's crucial to look for signs and approach the situation with care...
Establishing a guardianship might be the only option for people with emotional, psychological and physical conditions that leave them legally incapacitated. However, becoming a ward could make them prone to mistreatment and abuse from their guardian, resulting in...
Adult guardianship protects individuals who cannot care for their own well-being due to incapacity or disabilities. The court appoints an adult guardian to care for and make decisions for the ward or the person needing protection. However, there is potential for abuse...
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...
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...
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...
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...
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...