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When we think of vulnerability, we often picture frailty or dependence. Yet, undue influence can affect anyone, regardless of age, strength or social standing. It preys on trust, affection and sometimes fear, subtly manipulating decisions in ways we might not...
Picture this: A loved one passes away, leaving behind a will that sparks a heated dispute among family members. The will may have been signed just a few months prior, but some family members are questioning its validity. They are claiming that your loved one was not...
Estate planning can be complex and sensitive, especially for older family members in care homes. As our loved ones age, it is natural to worry about their well-being and the integrity of their final wishes. This is why it is important to understand how people might...
Guardianship litigation can be a stressful experience for everyone involved. After all, it often involves family members and loved ones who are deeply concerned about the well-being of an individual who can no longer care for themselves. Whether it’s due to aging,...
When a loved one experiences loss, the primary concern is naturally to care for their emotional well-being. Still, you need to be aware of potential threats to their financial security. Unfortunately, some individuals see grief as an opportunity to manipulate estate...
Florida law allows heirs to process small estates without going through probate. There are two ways to do this: "Disposition of Personal Property Without Administration" or "Summary Administration." Let us look at how each process works. Disposition without...
When discussing guardianship, it's standard to think it involves a minor. However, guardianship does not exist to help only people under 18 years of age. In some instances, someone much older may need guardianship. What does guardianship mean for a vulnerable, elderly...
Gaslighting is a form of psychological manipulation. This tactic can be especially dangerous when used in estate planning. When a person is gaslighted, they might make decisions that do not reflect their true wishes. Connection between gaslighting and undue influence...
As we navigate the complexities of life, it's essential to consider the what-ifs. What if I become incapacitated and can no longer make decisions for myself? Who will ensure the protection of my rights, and what remaining rights will I have? Protecting your autonomy...
Trust is the foundation of any fiduciary relationship, especially between appointors and trustees. Unfortunately, some trustees fail to perform their duties, which can seriously affect beneficiaries. Understanding the elements of a fiduciary duty breach claim against...