There are several misconceptions about the probate process that can lead to unnecessary stress and confusion for those dealing with the estate of a loved one. Below are some of the most common misconceptions surrounding the probate process. Awareness of these can help...
Your Trusted Legal Resource
Probate
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...
Do all assets go through probate in Florida?
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,...
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...
What property goes through probate?
It is important to have a solid estate plan established, including a valid will that specifies how you want your property to be distributed after you die. However, the reality is that many Florida residents die without a will, which means their property must go...
How do probate issues arise?
When a family member dies, his or her estate goes through the probate process. Probate can be full of confusion and arguments even in the best of circumstances. But, sometimes, there are legal disputes that arise. There is often contention when dealing with money and...