Sharing What We Know About Florida Probate Law.
Sharing What I Know About Florida Probate Law.
3 Ways To Probate An Estate In Florida
When someone passes away owning assets in Florida, and those assets are solely owned by the decedent, then the decedent’s heirs, beneficiaries and creditors will have to deal with a Florida probate court in order to administrate those assets. Florida probate law...
How Does A Personal Representative Deal With Special Assets In A Florida Estate?
While it is true that you can’t take your assets with you, you certainly can control how your affairs are handled after your death. The provisions of a Last Will and Testament can not only control the distribution of assets, but it can also direct how assets are to be...
Challenging a Will: Consider the Deceased’s Wishes Before You File a Will Contest
Whe a will is brought before a Florida probate judge for admission to probate and the appointment of a Personal Representative, things seem straightforward. You would think things go smoothly from there; just follow the instructions - they are written out for you -...
What Happens When A Will Has Been Destroyed?
A will contest is a lawsuit that happens when a beneficiary challenges a Last Will and Testament that has been presented to the probate court for the purpose of administrating a decedent’s estate. Essentially, one will has been offered for probate, and another party...
Will Contest for Undue Influence of a Husband or Wife: Two Brides, Two Results
So far in our Summer series on undue influence cases in Florida probate courts, we have discussed at length: how to identify when a family member or loved one may have been unduly influenced in executing their will; just how much influence is necessary to constitute...
Is Cutting Family Out of a Will Evidence of Undue Influence?: Religious Sect as Major Beneficiary
If a decedent’s children, parents, or siblings are seriously concerned that their family member was victimized and that otherwise they would have inherited his estate, then they may have a basis for filing a will contest on undue influence grounds. See, Watts v....
Undue Influence Revealed By Helping Drafting or Execution of the Will: The Grandmother’s Birthday Party Will
When a loved one passes away and their Last Will and Testament is entered into probate, the grieving family members sometimes know in advance who stands to inherit from the estate. Parents, for example, generally share their estate planning directives and decisions...
Does Affection and Close Attachment Equal Undue Influence? The Caretaker vs the Cousins
Under Florida law, there are protections in place to keep people with bad intentions from manipulating someone into devising or gifting all or a portion of their estate to the bad actor. If someone’s Last Will And Testament is proven to have been hijacked by “undue...
Undue Influence Cases: Proving the Existence of a Confidential Relationship
In cases of undue influence, it is alleged that someone (a tortfeasor) has taken advantage of someone else (a testator -- one who executes a Will or other estate planning document) to get themselves written into the testator's estate plan, potentially procuring...
When Does Influence Become UNDUE and WRONG and The Basis for Voiding a Will?
Your mother or father might be influenced in making their estate planning decisions by information that they get from their lawyer, or their CPA, or their friends. Your brothers or sisters may throw their two cents into the decision-making about how things should be...