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...
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Estate Litigation
Does the trustee get paid, and if so, how much?
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...
A child left out of the will: Can this be a ground for a contest?
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...
Can you create an estate plan if you have Alzheimer’s?
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...
Dealing with an incompetent trustee
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...
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...