Category Archives: Estate Trust Litigation
Florida Probate Disputes and Intangible Assets
While the majority of family fights during probate revolve around property, cars, businesses, and other tangible assets, there could be something else even more valuable in someone’s estate. These are what are known as intangible assets. Some of these assets may only hold sentimental value, but others are worth considerable money. If someone has… Read More »
What are the Laws Regarding Intestate Succession in Florida?
When someone fails to start on their estate plan timely, they could end up dying without a Will. When someone dies without a Will, it means that the Estate will be distributed according to the laws of intestate succession. Estates that pass through intestate succession can create more confusion and disagreements for family members…. Read More »
How to Help Prevent Someone from Contesting Your Will in Florida
One of the main goals of estate planning is to keep fights from happening when you die. However, failure to have a Last Will and Testament, or other estate documents in place can open the door for numerous disputes. One of the most common conflicts involves contesting the Will. While you can’t predict every… Read More »
What are Common Causes of Probate Disputes in Florida?
Dealing with probate after losing a loved one is emotional enough. However, when family disputes arise during probate, it can make the already stressful situation much more frustrating. It’s not uncommon for multiple family members to have strong opinions and raise challenges. When a dispute arises during litigation, it’s time to contact an experienced… Read More »
Florida Estate Planning Mistakes That Can Lead to Disputes
No one wants their heirs to end up fighting amongst themselves after they pass away. However, a lot of families end up in arguments over from whether a Will is valid to who the Personal Representative should be. While you cannot anticipate every argument that will transpire due to your estate plan, there are… Read More »
What is Undue Influence and How Does it Affect a Florida Probate?
Undue influence is said to occur when a person is able to control the actions of someone else based on the nature of relationship between the two people. Undue influence cannot occur between spouses under Florida law. The pressure this person imposes on the other overrides the victim’s power and ability to act freely…. Read More »
The Importance of Creating a Comprehensive Florida Estate Plan
Estate planning is often one of the most misunderstood areas of the law. People think about creating a Will or Trust, but fail to plan for possible incapacitation. The best estate plan should not only be concerned with distributing assets upon death, but it should help you prepare for your future physical and mental… Read More »
Handling Disputes with Health Care Surrogates in Florida
A health care surrogate is someone you grant permission to make medical decisions on your behalf when you are incapacitated and cannot make decisions yourself. The appointment is done through a Designation of Health Care Surrogate form. When you designate someone, it’s important to go over your wishes with them or there may be… Read More »
What Rights and Powers Does a Personal Representative Have in Florida?
When you name someone as the Personal Representative, of your Estate, this individual needs to be prepared to take on a lot of important duties. They also face strict court supervision in addition to the watchful eyes of family members and heirs. You can almost guarantee that family members and potential heirs will be… Read More »
What are the Grounds to Remove a Personal Representative in Florida?
If a problem develops with the personal representative during probate, you may want to remove the individual from their position. What do you do if the person is not doing a good job? It can be frustrating if you are a close family member and the personal representative is not treating the beneficiaries properly…. Read More »