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Establishing a trust can be challenging, especially when the settlor has no idea what will happen in the future. At some level, they may be able to foresee problems and scenarios, helping them create a setup that can stay applicable for a long time. Other times, the...
Undue influence is a fraudulent act where a person resorts to duress, force or coercion to impact another person’s action and decision. This often happens when a party gets the concerned individual to change the will to benefit them, taking advantage of the testator’s...
When someone dies, their will can take effect and help guide what happens to their estate. However, this period can also be the right time for the deceased's beneficiaries to raise issues involving the will, impacting its enforceability and validity. There can be...
Taking on the role of a guardian for an elderly parent is a big step. While you may be considering this decision out of love and care, you must also be prepared for the many challenges you may encounter from such a commitment. The changes guardianship brings will...
One of the most potent legal documents is the power of attorney (POA). It grants authority to an agent to act on behalf of the principal. In estate planning, a POA can authorize the agent to give directives for the estate owner’s health condition. It may also allow an...
In Florida, as in most states, the laws limit a guardian’s powers under a guardianship order to protect the rights and well-being of the ward. Limits to what a guardian can do A guardian's authority is limited to what is granted by the court. This grant can include a...
During the grieving process, the emotions of family members are high. Reading the last will and testament among family members and close friends is a vulnerable situation. While it should serve as closure and the first step to moving forward, it could also create a...
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...
Guardianship aims to protect those who cannot manage their own affairs and finances because of incapacity. Unfortunately, the process loses this key purpose when some guardians take advantage of their position and abuse their power. Consequently, it leaves the...
Beneficiary designations are crucial in determining who inherits an estate owner’s assets upon death. It ensures that their retirement accounts, insurance policies and similar assets are distributed according to their wishes. Accordingly, clearly specifying...