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...
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Estate Litigation
How to confront relatives about undue influence without conflict
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...
Contesting a will in Florida
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...
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...
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...
What should I do if I think my loved one is a victim of undue influence?
Older adults are often encouraged to confirm that their estate plans are complete and up to date to make sure their loved ones adhere to their wishes when the time comes. Family members, friends, and caregivers are encouraged to help their loved ones through the...
You can give your POA superpowers in Florida
A power of attorney may not be a hot topic these days, but estate planning generally, certainly is. However, during uncertain times, estate planning always gets a few more headlines. In Florida, we have a few more estate planning tools at our disposal. Power of...
What would make a will in Florida invalid?
Losing a loved one can hit you in ways you never dreamed possible. In addition to losing the love and companionship, you may also be left in a financial lurch that you may not have expected. Sometimes it comes as a surprise to learn that you were left nothing in your...