Category Archives: Probate Litigation
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 »
How to Handle a Contested Will
So your loved one died and left a will. That’s a good start, as most people die without any sort of estate planning in place. However, having a will doesn’t necessarily mean everything is fine and dandy. It’s possible for a will to be contested. A jealous relative or even a complete stranger may… Read More »
Steps to Take as an Executor
Dealing with a loved one’s death can be an emotional experience. Not only are you dealing with the grief but you may have to play a role in settling the deceased’s estate as well. This is called being the executor of their estate and it’s not an easy task. There are important decisions to… Read More »
Estate Planning Mistakes to Avoid
Estate planning is a complicated subject. Many people avoid it altogether because they’re in denial over their future death. And in many cases, those who do have some sort of estate plan in place make mistakes with it. These errors can lead to conflicts and costly probate litigation. Estate planning is essential at any… Read More »
Probate Issues That Executors Face
Dealing with the death of a loved one is something we all have to face at some point. This may mean having to handle their estates. For many people, being named as an executor of an estate can be an honor. But it can also be a real headache. Being an executor means taking… Read More »
Probate Issue: Buying and Selling Real Estate
When you think of real estate investments, you may be looking at commercial property or maybe multi-unit buildings, such as apartments. However, you should not overlook real estate in probate proceedings. As an investor, buying probate real estate is a win-win situation. You buy the property and assist families in the difficult process of… Read More »
Marriages Often the Subject of Probate Litigation
When a person dies without an estate plan, their estate goes into probate. Even if there is a will, the court will supervise the process of dividing up the deceased’s estate. Most matters handled by probate courts are uncontested. However, disputes can happen for a variety of reasons. There can be issues about the… Read More »
Can I Contest A Trust?
One of your parents died and had a trust. The trust seems suspicious, though, as it favors a long-lost relative instead of you and your siblings. What can you do? Should you just accept the trust as is and move forward or can you contest it somehow? You might be able to. Your ability… Read More »