Category Archives: Probate Litigation
Notice of Administration in Probate
Losing a loved one is never easy, and the last thing you may want to deal with during your grief is paperwork from the Florida probate court. Still, if you receive a Notice of Administration, it’s important to pay close attention. This notice outlines key rights, deadlines, and responsibilities in the probate process. Ignoring… Read More »
Can I Use a No-Contest Clause in a Will?
It is suggested that everyone has some sort of estate plan in place. While many people choose a will, sometimes that’s not even enough. You have to think of the possible drama that may occur. When drafting an estate plan, one of the biggest concerns is preventing disputes after you’re gone. Even though only… Read More »
Personal Representative Duties in Probate
After a person dies, their estate typically has to go through probate. Probate is the process of settling a deceased person’s estate, particularly their assets and debts. Not all assets have to go through probate. Some examples include assets held in a living trust, assets with a designated beneficiary (like life insurance policies or… Read More »
Trustee Duties
In most cases, a person dies with a will (or maybe they die with no will at all). In some cases, though, a deceased person may have a trust in place. When a person has a living trust, a trustee manages their assets upon their death. A trustee is a person or entity legally… Read More »
Proposed Amendments to Florida Probate Laws
Sometimes state laws change over time. Some changes are being proposed for certain probate laws. The Florida Probate Rules Committee proposes amendments to the following rules: Rule 5.025 (Adversary Proceedings), Rule 5.122 (Curators), Rule 5.200 (Petition for Administration), Rule 5.320 (Oath of Personal Representative), and Rule 5.470 (Ancillary Administration): The amendment to Rule 5.025… Read More »
Probate: A Process That Costs Money and Time
Death is something that will happen to all of us, but not many of us are prepared for it. Some of us have estate plans in place. Many people have wills in place, but in the grand scheme of things, a will is not enough. For anyone who has assets, a trust is needed…. Read More »
A Look at Estate Planning Disasters
Leaving money to the cats. Lost-long uncles stealing insurance policies. Random wills written in pencil found all over the house. These are nightmare estate planning situations that may sound like they’re from a movie, but they have actually happened in real life. Unfortunately, estate planning attorneys say this stuff happens all the time. When… Read More »
How to Properly Use Transfer on Death Accounts to Avoid Probate
When it comes to estate planning, there are dozens of ways to go about it. You could use a will or a trust, but there are many types of trusts to consider and it can quickly get confusing. Some people use life insurance or retirement accounts. Many people like using transfer on death (TOD)… Read More »
What Are the Rights of the Decedent’s Surviving Family?
Dealing with the loss of a loved one can be stressful in many ways. You are not only dealing with grief but also inheritance issues. Who gets what? What are you entitled to receive? The good news is that Florida law prevents a spouse and children from total disinheritance. Whether or not there is… Read More »
Co-Parenting at Christmas: A Guide for Divorced Parents
Christmas: the most wonderful time of the year. Or so the media tells us. For many people, the holiday season is in fact fun and magical. For others, though, it can bring about anger, sadness, and bitterness. This is especially true for divorced parents who cannot agree on child custody and visitation. The holidays… Read More »