Category Archives: Estate Trust Litigation
Paternity Disputes and Florida Probate Litigation
There are occasions someone comes forward during probate to claim they are the deceased’s biological child. The name given to this person is the putative child. They may have to prove their paternity while the probate administration is pending. If the person turns out to be a biological child, then he or she may… Read More »
7 Ways a Fiduciary Breaches Their Duty in Florida Estate Cases
When you name someone as the executor in your Will or as the Trustee of your Trust, they have a duty to act in your beneficiaries’ best interests at all times. They cannot put their own needs ahead of those of the beneficiaries. This is known as a fiduciary duty. When someone breaches their… Read More »
How to Avoid Common Causes of Disputes in Your Florida Estate Plan
Unfortunately, no matter how well you think you know your family members, there is no way to predict how someone will act if you die or suddenly become incapacitated. It’s hard to imagine your family members turning on each other, especially over a possible inheritance. However, it happens far more frequently than you may… Read More »
What to Do if You Suspect a Florida Will Was Forged?
It’s unfortunate, but the number of suspected Wills is on the rise. Spotting them is not easy. This means if a subsequent will pops up during probate, there are grounds to dispute it. It’s important to make sure that you have a trusted friend or family member that you can ask to keep your… Read More »
How Digital Assets Can Cause Disputes in Your Florida Probate
Most people think about family members fighting over money and other tangible assets of value when someone passes away. However, there’s another type of asset that could hold significant value and is sometimes overlooked in estate plans — the digital asset. Digital assets can be valuable in several ways. For some assets, the value… Read More »
Understanding the Responsibilities of an Executor in a Florida Probate
When someone is named as the executor of a person’s will, they will be tasked with a lot of responsibility. There are fiduciary duties and legal responsibilities that must be carried out, otherwise the probate may drag on unnecessarily. The appointment of a particular executor can also lead to disputes, where heirs might raise… Read More »
How the Elective Spousal Share Could Impact Your Florida Estate Plan
If you have not heard of spousal elective share, it’s a term you should become familiar with, otherwise there is a chance your Florida estate plan could be in for a possible derailment. The concept of elective share only applies in some jurisdictions, Florida being one of them. The premise behind elective share is… Read More »
What is a Florida Ancillary Probate?
If someone is not a resident of Florida but they own property in the state, an ancillary probate could be required when they die. The property could be a home, apartment or condo, vacant lot, commercial buildings, or another type of real estate somewhere in Florida. Only property titled in the non-resident’s name would… Read More »
Can You Use an LLC for Your Florida Estate Planning Needs?
Proper estate planning is important. It can help reduce potential conflicts and litigation related to your estate or trust, especially when you pass away. The idea behind estate planning is to make things easier for your loved ones in the event of your death, you don’t want to complicate matters and have your estate… Read More »
Be Sure Your Charitable Gifts Don’t Cause Problems with Your Florida Estate Plan
When you are considering giving to a charity, you should consider the legal ramifications of your donation and ensure that the charities you are choosing are not scams or involved in any illegal activities. Giving to charities has become a more popular aspect of estate planning. In some cases it is through charitable gifts… Read More »