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Expecting that you would be together for life, you likely included your former spouse in your estate plan. But with the end of your marriage, it is now necessary for you to cut any emotional and financial ties to your former spouse. Although divorce overrides a will...
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...
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...
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,...
The process of declaring incapacity begins with filing a notice of petition to determine incapacity. In Florida, the court will appoint an examining committee to determine whether the person in question is actually incapacitated. The three examining committee members...
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...
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...
Establishing a guardianship might be the only option for people with emotional, psychological and physical conditions that leave them legally incapacitated. However, becoming a ward could make them prone to mistreatment and abuse from their guardian, resulting in...
Adult guardianship protects individuals who cannot care for their own well-being due to incapacity or disabilities. The court appoints an adult guardian to care for and make decisions for the ward or the person needing protection. However, there is potential for abuse...
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...